Assault Flashcards
S.2(1) of the Non-Fatal Offences Against the Person Act 1997
a person shall be guilty of the offence of assault, who without lawful excuse intentionally or recklessly directly or indirectly applies force to or causes impact on the body of another, or causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact
S.2(2) 1997 Act
force is defined as the application of heat, light, electric current, noise or any other form of energy and the application of matter in solid, liquid or gaseous form
give an example of force
DPP v K
what is the penalty for someone convicted on summary for assault
6 months in prison and £1500 fine
can someone consent to being assaulted
if someone consents to assault they cannot be assaulted under S.2 but consent may not work as a defence under S.3 and 4 assault
give an example of implied consent
collins v wilcock stated a person who attends a party cannot complain if their hand is seized in friendship
can words amount to an assault
if someone were to call you and say im going to kill you tomorrow, this would not amount to assault as you cant reasonably believe that you will be the subject of some form of force or impact. in contrast R v Ireland held that repititous phonecalls were assault as it caused the women psychological harm
give an example of words causing assault
R v Ireland words amounted to assault as the repititous phonecalls recieved by women caused them psychological harm
who said words cant be assault
Charleton said the mere use of words cant constitute assault as generally words cant cause another on reasonable grounds to believe that they are about to immediately be subjected to force or impact, Tuberville v Savage placed a hand on his sword which would have amounted to a reasonable belief for immediate assault only his words vitiated it
what is the test for immediacy
R v Horseferry Road established that immediacy requires proximity in time and causation
what about where no physical contact occurs
when there is no physical assault a person must have apprehended it, if to be said to have reasonably believed they were about to be assaulted, where someone is sleeping and has no apprehension they will not be able to say they hahve been assaulted
what legislation governs assault
S.2(1) of the non-fatal offences against the persons act 1997
S.3(1) of the Non-fatal Offences Against the Persons act 1997
a person who assaults another causing him or her harm shall be guilty of an offence
what constitutes a harm?
S.1 of the Non-fatal Offences against the Person Act 1997 states that a harm is any harm to the body or mind and includes pain and unconsciousness, inlcuding mental suffering
whats an example of mental suffering for the purpose of S.3 assault
R v Miller where the defendant was raping his wife and threw her to the ground three times resulting in a hysterical reaction, this hysteria was an aggravated form of assault
S.4(1) of the Non-Fatal Offences Against the Person Act 1997
makes it an offence to intentionally or recklessly cause serious harm to another person
what is the Penalty for S.4 Assault
if they are convicted on indictmnet they shall be liable to a fine, or imprisonment for life or both
what constitutes serious harm?
S.1 of the non-fatal offences against the person act 1997 states that serious harm means means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ. DPP v Kirwan said that serious harm does not require proof of an injury with protracted or long term consequences
what are the two defences to assault
consent and Self-defence
explain the defence of consent
consent will work as a defence for S.2 assault but not S.3 and S.4. R v Brown found that consent to a minor assault is a defence but in this scenario since the assault was that of grevious bodily harm it did not work. DPP v Brown saw one prisoner ask another to assault him to be put in confinement this was an assault causing harm and the court found that consent was not a defence. R v Brown and Ors saw a gay BDSM group being convicted of assault where consent was not a defence, this can be contrasted with R v Wilson where a woman consented to being branded by her husband, the court found this not to be assault on the basis that she instigated it, it was no more painful than a tattoo and the courts do not get involved in the sanctity of marriage
explain the defence of Self-defence
S.18 of the non-fatal offences against the person act 1997 states that where force is used for one or more of the following purposes it is lawful.
- protect himself / another from injury assault or unlawful detention
- to protect himself / another from tresspass to the person
- to protect his property from appropriation / criminal damage
- to protect the property of another from appropriation / criminal damage
- to prevent a crime / breach of the peace
the force that is used must also be justifiable force
S.18 of the Non-fatal offences against the person act 1997
self-defence may be used as a defence to assault where the force used is for one or more of the following purposes
- to protect himself / another from injury assault or unlawful detention
- to protect himself / another from tresspass to the person
- to protect his property from appropriation / criminal damage
- to protect the property of another from appropriation / criminal damage
- to prevent a crime / breach of the peace
the force that is used must also be justifiable force
