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Illegal tattooing

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Andy008 | 23:25 Tue 06th Sep 2005 | How it Works
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This is completely hypothetical, it hasn't happened (at least not to me):

If someone passed out while drunk, woke up, and found they had had a tattoo of a profanity done on their forehead, and later got hold of video evidence showing someone doing it, could that person be charged, and if so with what?

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I would have to say assault.

Probably ABH.
If you really are Andy Hughes reincarnated you would already know the answer........impostor!!
Assault.  Reminds me of a case where a husband used a hot knife to brandish his initials into the skin of his wife's buttocks!  Although she consented to it, he was still found guilty of assault (as in law, consent is no defence for assault).
common assault - even if someone touches you without permission
i reckon gbh. an yes they could definately be charged with something

miss zippy I am afraid you are wrong. Consent is a defence to assault. What about tattooing on a conscious person, boxing, rugby, ear piercing etc etc etc. If you think about it the worse possible assault would be what a surgeon does. Hence the patient signs a formal agreement prior to the operation.

Further any indecent assault (any assault accompanied with any act of indecency) and most definately rape is solely based on the consent issue.

 

The only other defence to any assault is self defence. There used to be legal chastisement but this is no longer valid.

 

I would say that the hypothetical question would probably come down to the most serious assault known as a Sect 18 or 20 wounding (with intent). They have the same degree of injury (that is permanent and serious) than GBH but there has to be an intent.

With GBH, ABH and common assault (beating or battery) there doesn't have to be intent. Recklessness or "transfered malice" could suffice.

PS just to add as I am on a legal roll, there doesn't even have to be an injury for assault. If the victim "apprehends immediate and unlawful personal violence" the apprehesion will be enough. This kind of assault (as well as assault of the mind) more often than not comes done to a Public Order offence like affray (which doesn't have to be in public at all)

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