3. Non-Fatal Offences Against the Person Flashcards
Name the different non-fatal offences against the person
Assault, Battery, S47 ABH (assault occasioning actual bodily harm), Section 20 GBH & Section 18 GBH
What is required for the offence of assault to occur?
When defendant intentionally or recklessly causes another person to apprehend immediate unlawful personal force (i.e. a battery)
What is the actus reus of assult?
Causing a person to apprehend immediate unlawful violence
What level of offence is assault?
Lowest level offence (out of non-fatal offences against the person)
Is assault a crime of basic or specific intent?
Basic- mens rea can be satisfied through recklessness
Does the victim need to be afraid?
No. Apprehension goes to belief, not fear.
Can words amount to an assault?
Yes, if they cause the victim to believe a battery is imminent
Can silence amount to assault?
Yes, provided they cause a person to apprehend immediate unlawful personal violence
Explain the requirement that the apprehension of unlawful force must be immediate
The victim must apprehend that at some point- could be here and now, could be some point in the future, the victim will be subject to unlawful personal violence
How can words negate assault?
When they stop the victim from believing a battery is imminent- ‘If I weren’t such a good person, I would stab you’
Can a conditional threat be an assault?
Yes, because victim can have the apprehension that the battery will occur if the condition is met: ‘I’ll break your neck if you don’t leave my property’
What is the MR for assault?
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
When does battery occur?
When defendant intentionally or recklessly applies unlawful personal force to another person
Is personal violence required to amount to unlawful personal force?
No- mere touching can suffice if the touching is unlawful
Can indirect contact amount to battery?
Yes, contact can be direct and indirect
e.g. digging holes for victim to fall into later
What is an example of how battery can be delayed?
If defendant sets a trap for the victim, which eventually causes unlawful force to be applied to the victim
How can a battery arise by omission, and why?
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.
E.g. running over someone’s foot by accident, but then refusing to move
What are the two requirements to consent to assault or battery?
Consent must be:
- Expressed or implied to defendant, and
- Given by someone with sufficient capacity, freedom, and information to make an actual choice
What is the actus reus of section 47 assault occasioning actual bodily harm?
The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm
How can assault lead to a charge of ABH?
If victim reasonably harms themselves while escaping the battery they are apprehending because of the defendant’s assault
What is actual bodily harm?
- Any hurt or injury,
- more than merely trifling,
- which interferes with the health or comfort of the victim,
- including psychiatric injury
What are the additional mens rea requirement for section 47 ABH beyond those of assault or battery?
There are none
Does a defendant need to intend to cause or be reckless as to ABH?
No- the MR is that of either assault or battery
What is the actus reus for both section 20 and section 18 wounding or inflicting grievous bodily harm?
Causing a wound or grievous bodily harm
What is a wound?
An injury where both layers of skin are broken (bruising not enough)
What are the two types of GBH offence, and which is more serious?
- Section 20 GBH
- Section 18 GBH (more serious)
What is the mens rea for the less serious section 20 GBH?
Intention to cause, or recklessness regarding, some harm
No need to foresee the specific type or seriousness of harm caused
What are the two mens rea options for the more serious section 18 GBH, and what is the effect of the second option?
- Intent to cause serious harm, or
- 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.
What is the general rule regarding a victim’s ability to consent to injury?
Generally, victims cannot consent to injury
What are the three requirements to consent to ABH, or either GBH?
Consent must be:
- Expressed or implied to defendant in a legally recognised manner, and
- Consent needs to be free and informed
- Must concern a legally valid category of consent, otherwise consent is invalid
What are the four situations where consent to ABH or GBH is allowed?
- Surgery
- Body modification
- Religious practices
- Sports
More flexible than tort, will the law interfere if the harm is caused by actions just outside the rules of the game of sport?
No, unlike tort where consent to battery requires conduct within the rules.
In sports, when will implied consent not be available and what are obvious exceptions to this?
If a player intentionally causes injury, with the exception of sports like boxing or martial arts
What is required for a person to fully consent to the risk of sexual infection?
The infected person must fully inform them-consent must be free and informed
When is it a criminal offence to transmit a sexual infection?
If the infected person is aware and the other is not, and the infected person intends to transmit the infection
Whilst courts will generally not entertain consent to harm in a sadomasochistic context, when will they refuse to interfere?
When it is within a marital context
