3. Assaults

Question 1

Which assault offences are summary only

Answer 1

Assault and Battery

Question 2

Which assault offences are either-way

Answer 2

Assault occasioning ABH (s 47)
Wounding or inflicting GBH (s 20)

Question 3

Which assault offences are indictable only

Answer 3

Wounding or causing GBH with intent

Question 4

Max sentence: summary only assaults

Answer 4

up to 6 months imprisonment, and / or a fine

Question 5

Max sentence: either-way assaults

Answer 5

5 years’ imprisonment

Question 6

Max sentence: wounding / inflicting GBH with intent

Answer 6

Life imprisonment

Question 7

Two types of Common Law Assaults

Answer 7

Simple assault and battery (collectively known as common assault)

Question 8

Simple Assault MR + AR

Answer 8

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

Question 9

Are all assaults unlawful?

Answer 9

No
- police officer can use reasonable force to arrest someone / person can use reasonable force in self-defence

Question 10

wrt simple assault, what if the assailant ‘sneaks up’ on the victim

Answer 10

AR is not satisfied, they have not expected immediate force

Question 11

Can words alone amount to an assault?

Answer 11

Yes (eg. silent telephone call) - likely need a pattern in this case, esp.

Question 12

Are conditional threats common assault

Answer 12

They can be, if they cause the victim to apprehend IMMEDIATE physical force

Question 13

MR: Simple Assault, test?

Answer 13

Recklessness is tested subjectively: defendant must personally forsee the risk and go on to take it

Question 14

Battery: AR and MR

Answer 14

AR:
- infliction of unlawful personal force
MR
- intentionally or recklessly inflicting unlawful force

Question 15

For battery, need the unlawful force be directly applied by the assailant?

Answer 15

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

Question 16

s 47 Assault: AR + MR

Answer 16

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

Question 17

s 20 Assault: MR + AR

Answer 17

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)

Question 18

Definition of ‘wound’

Answer 18

Requires both layers of skin to be broken (not including bruising or internal bleeding)

Question 19

Definition of GBH

Answer 19

Very serious harm such as fractured skull, broken ribs (even, potentially psychiatric problems)

Question 20

s 18: AR + MR

Answer 20

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

Question 21

Things which may suggest ‘intention’ to cause GBH

Answer 21

1. Planning (must be clear)
2. Use of a weapon
3. repeated punching or stomping

Question 22

Is consent a defence to simple assault and battery?

Answer 22

Yes

Question 23

General Rule wrt consent as a defence for the statutory assaults

Answer 23

Consent can never be a defence where harm is intended or caused

Question 24

Exceptions to general rule wrt consent as a defence to the statutory assaults

Answer 24

1. Surgery
2. Dangerous exhibitions (circus acts)
3. Sport, properly conducts
4. Ear piercing and tattooing
5. Horseplay

Question 25

Two acts which are NOT exceptions to the general rule wrt consent as a defence for statutory assaults

Answer 25

• BDSM
• body modification (ie. nipple removal and splitting a tongue)

Question 26

Conditions for consent to be a valid defence

Answer 26

1. Consent must be freely given by a fully informed and competent adult
2. Consent is not valid if it is obtained by fraud or dishonesty about the nature and quality of the act

Question 27

How does the doctrine of transferred malice apply to offences which can be committed recklessly?

Answer 27

There is no need to consider it because the defendant is only required to foresee the risk of any harm to ANY ONE