3. Assaults Flashcards
Which assault offences are summary only
Assault and Battery
Which assault offences are either-way
Assault occasioning ABH (s 47)
Wounding or inflicting GBH (s 20)
Which assault offences are indictable only
Wounding or causing GBH with intent
Max sentence: summary only assaults
up to 6 months imprisonment, and / or a fine
Max sentence: either-way assaults
5 years’ imprisonment
Max sentence: wounding / inflicting GBH with intent
Life imprisonment
Two types of Common Law Assaults
Simple assault and battery (collectively known as common assault)
Simple Assault MR + AR
MR
- intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force
AR
- causing the victim to apprehend immediate and unlawful personal force
Are all assaults unlawful?
No
- police officer can use reasonable force to arrest someone / person can use reasonable force in self-defence
wrt simple assault, what if the assailant ‘sneaks up’ on the victim
AR is not satisfied, they have not expected immediate force
Can words alone amount to an assault?
Yes (eg. silent telephone call) - likely need a pattern in this case, esp.
Are conditional threats common assault
They can be, if they cause the victim to apprehend IMMEDIATE physical force
MR: Simple Assault, test?
Recklessness is tested subjectively: defendant must personally forsee the risk and go on to take it
Battery: AR and MR
AR:
- infliction of unlawful personal force
MR
- intentionally or recklessly inflicting unlawful force
For battery, need the unlawful force be directly applied by the assailant?
No - can be direct but could also be
- defendant throws an object, spits at them, or cycles over their foot
- defendant sets their dog on the victim or deliberately places an obstacle so that the victim trips on it
s 47 Assault: AR + MR
AR:
- defendant commits a simple assault or battery that causes actual bodily harm
- rules on factual and legal causation apply
- any hurt or injury that will interfere with health or comfort or victim (eg. bruise or swelling)
- potentially psychological harm (medical evidence)
MR
- defendant intends or is reckless as to a simple assault or battery only
- no need to intend or foresee the risk of any injury
s 20 Assault: MR + AR
AR: defendant actively wounds or inflicts grievous bodily harm on the victim
MR: D intends or is reckless as to causing some harm (uses term maliciously, which constitutes recklessness or harm)
Definition of ‘wound’
Requires both layers of skin to be broken (not including bruising or internal bleeding)
Definition of GBH
Very serious harm such as fractured skull, broken ribs (even, potentially psychiatric problems)
s 18: AR + MR
AR: defendant actively wounds or inflicts grievous bodily harm on the victim
MR: D intends to cause GBH (recklessness not sufficient) OR intends to resist / prevent lawful apprehension AND intends or is reckless as to the victim (not necessarily police) suffering some harm
Things which may suggest ‘intention’ to cause GBH
- Planning (must be clear)
- Use of a weapon
- repeated punching or stomping
Is consent a defence to simple assault and battery?
Yes
General Rule wrt consent as a defence for the statutory assaults
Consent can never be a defence where harm is intended or caused
Exceptions to general rule wrt consent as a defence to the statutory assaults
- Surgery
- Dangerous exhibitions (circus acts)
- Sport, properly conducts
- Ear piercing and tattooing
- Horseplay
Two acts which are NOT exceptions to the general rule wrt consent as a defence for statutory assaults
- BDSM
- body modification (ie. nipple removal and splitting a tongue)
Conditions for consent to be a valid defence
- Consent must be freely given by a fully informed and competent adult
- Consent is not valid if it is obtained by fraud or dishonesty about the nature and quality of the act
How does the doctrine of transferred malice apply to offences which can be committed recklessly?
There is no need to consider it because the defendant is only required to foresee the risk of any harm to ANY ONE
