5 - Non-fatal offences against the person Flashcards
What is the definition of common assault?
Where the D intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence
What is the maximum punishment for Common assault?
6 months in prison and/or £5000 fine
What is the actus reus of Common assault?
It requires a positive act that causes the victim to apprehend immediate unlawful personal violence.
What is a positive act?
For example, raising a fist or making a threat
Constanza 1997
Common assault - a positive act can be words - 800 letters
Ireland 1997
Common assault - a positive act doesn’t even need to be words - would call the victims and just breath down the phone
Common assault - Apprehending immediate unlawful personal violence
The V must apprehend that immediate force is going to be used against them.
If there is no possibility of carrying out the threats then there is no assault
Lamb 1967
Common assault - pointing an unloaded gun when the victim knew that it wasn’t loaded
What must force also be in common assault?
unlawful! - for example not in self defense
Mens rea for common assault
Intention to cause another to fear immediate unlawful personal violence
OR
Recklessness as to whether such fear is caused
What kind of offence is Common assault?
A basic intent offence
What is the definition of battery?
where the defendant intentionally or recklessly applies unlawful force upon a victim.
Force
Battery
Can be the slightest touch
Thomas 1985 –
even the touching of a skirt can amount to actus reus of battery
Actus reus of battery
applicatiuon if unlawful phsycial force
Sentencing for battery
max 6 months imprisonment
How may actus reus for battery occur
ommisions
unlawful force
continuing act
indirect act
Mens rea of battery
The intention to apply unlawful force to another or
Recklessness as to whether unlawful force is applied
Test for recklessness is subjective
The test for recklessness
The defendant must realise that there is a risk that his act or omission could cause unlawful force to be applied to another as per Cunnignham
S47 OAPA 1861
Assault occasioning actual bodily harm -
Any hurt or injury calculated to interfere with the health or comfort of the victim
examples of S47
Bruising
Scratches
Broken finger / nose
Psychiatric harm – not just “mere emotions like fear, distress and panic”
Actus reus of s47
must prove assault or battery
caused
ABH(Any hurt or injury calculated to interfere with the health or comfort of the victim)
Ireland 1997
guilty of s47 as D caused his victims to fear personal violence and then this caused his V to have psychiatric illness’
S47
Mens rea for s47
D must:
Intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force.
Roberts 1971 –
jumped from the car. D had not intended the injury or realised there was a risk of injury however he had intended to apply unlawful force when he touched her
s47
Punishment for s47
max 5 years inprisonment
S20-GBH
Unlawfully and maliciously wound or inflict any GBH
**It requires a higher degree of injury and mens rea than s47
**
Punishment for s20
5 years prison max
Wounding s20
cut or break the continuity of the skin
Causing GBH s20
really srious harm such as long term/permenant injury
Bollom 2004
s20
– 17 month child – bruising could amount to GBH if against someone “vulnerable”
Mens rea s20
The D must have the intention to cause or be reckless as to the causing of some harm
An intention to do the particular kind of harm that was in fact done; or
Recklessness as to whether such harm should occur or not (i.e. the D has foreseen that the particular kind of harm might be done and yet gone on to take the risk anyway
S18 - GBH and wounding
Wound or cause any grievous bodily harm to any person with intent
Or
With intent to resist or prevent the lawful apprehension or detainer of any person
Punishemnt for s18
up to life inprison
actus reus for S18
wounding/gbh
Mens rea for s18
Specific intent offence
The D must be proved to have intended to:
Cause some GBH or
Resist or prevent the lawful apprehension or detainer of any person
Taylor 2009
s18
V was found with scratches across his face and stab wound in his back. However they were relatively minor and it was not clear from the evidence if there was clear intention to cause GBH – causing a wound was not enough to infer intention
Intention for s18
Intention cannot be found unless the harm caused was a virtual certainty as a result of the D actions and the D realised that this was so
