3. Non-Fatal Offences Against the Person

Question 1

When does assault occur?

Answer 1

When defendant intentionally or recklessly causes another person to apprehend immediate unlawful personal force (i.e. a battery)

Question 2

Does the victim need to be afraid?

Answer 2

No. Apprehension goes to belief, not fear.

Question 3

Can words amount to an assault?

Answer 3

Yes, if they cause the victim to believe a battery is imminent

Question 4

How can words negate assault?

Answer 4

When they stop the victim from believing a battery is imminent

Question 5

Can a conditional threat be an assault?

Answer 5

Yes, because victim can have the apprehension that the battery will occur if the condition is met

Question 6

How is intent and recklessness applied to assault?

Answer 6

Intent: Defendant intends the victim to apprehend a battery, or
Recklessness: Defendant foresees the risk that their actions could make the victim apprehend a battery and this risk is unreasonable

Question 7

When does battery occur?

Answer 7

When defendant intentionally or recklessly applies unlawful personal force to another person

Question 8

Can indirect contact amount to battery?

Answer 8

Yes, contact can be direct and indirect

Question 9

What is an example of how battery can be delayed?

Answer 9

If defendant sets a trap for the victim, which eventually causes unlawful force to be applied to the victim

Question 10

How can a battery arise by omission, and why?

Answer 10

Defendant applies force accidentally without intent or recklessness, but then refuses to remove the force, because at this point the actus reus and mens rea fuse.

Question 11

What are the two requirements to consent to assault or battery?

Answer 11

Consent must be:

1. Expressed or implied to defendant, and
2. Given by someone with sufficient capacity, freedom, and information to make an actual choice

Question 12

What is the actus reus of section 47 assault occasioning actual bodily harm?

Answer 12

Same as assault or battery plus causing actual bodily harm

Question 13

How can assault lead to a charge of ABH?

Answer 13

If defendant reasonably harms themselves while escaping the battery they are apprehending because of the defendant’s assault

Question 14

What is actual bodily harm?

Answer 14

Any hurt or injury, more than merely trifling, which interferes with the health or comfort of the victim, including psychiatric injury

Question 15

What are the additional mens rea requirement for section 47 ABH beyond those of assault or battery?

Answer 15

There are none

Question 16

Does a defendant need to intend to cause or be reckless as to ABH?

Answer 16

No

Question 17

What is the actus reus for both section 20 and section 18 wounding or inflicting grievous bodily harm?

Answer 17

Causing a wound or grievous bodily harm

Question 18

What is a wound?

Answer 18

An injury where both layers of skin are broken (bruising not enough)

Question 19

What are the two types of GBH offence, and which is more serious?

Answer 19

1. Section 20 GBH
2. Section 18 GBH (more serious)

Question 20

What is the mens rea for the less serious section 20 GBH?

Answer 20

Intention to cause, or recklessness regarding, some harm

Question 21

What are the two mens rea options for the more serious section 18 GBH, and what is the effect of the second option?

Answer 21

1. Intent to cause serious harm, or
2. Recklessness as to some harm and intention to resist lawful arrest

Under option 2, section 20 GBH is essentially upgraded to the more serious section 18 just because you resisted arrest.

Question 22

What are the three requirements to consent to ABH, or either GBH?

Answer 22

Consent must be:

1. Expressed or implied to defendant in a legally recognised manner, and
2. Given by someone with sufficient capacity, freedom, and information to make an actual choice, and
3. Must concern a legally valid category of consent, otherwise consent is invalid

Question 23

What are the four situations where consent to ABH or GBH is allowed?

Answer 23

1. Surgery
2. Body modification
3. Religious practices
4. Sports

Question 24

More flexible than tort, will the law interfere if the harm is caused by actions just outside the rules of the game of sport?

Answer 24

No, unlike tort where consent to battery requires conduct within the rules.

Question 25

In sports, when will implied consent not be available and what are obvious exceptions to this?

Answer 25

If a player intentionally causes injury, with the exception of sports like boxing or martial arts

Question 26

What is required for a person to fully consent to the risk of sexual infection?

Answer 26

The infected person must fully inform them

Question 27

When is it a criminal offence to transmit a sexual infection?

Answer 27

If the infected person is aware and the other is not, and the infected person intends to transmit the infection

Question 28

Whilst courts will generally not entertain consent to harm in a sadomasochistic context, when will they refuse to interfere?

Answer 28

When it is within a marital context