Assault

Question 1

S.2(1) of the Non-Fatal Offences Against the Person Act 1997

Answer 1

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

Question 2

S.2(2) 1997 Act

Answer 2

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

Question 3

give an example of force

Answer 3

DPP v K

Question 4

what is the penalty for someone convicted on summary for assault

Answer 4

6 months in prison and £1500 fine

Question 5

can someone consent to being assaulted

Answer 5

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

Question 6

give an example of implied consent

Answer 6

collins v wilcock stated a person who attends a party cannot complain if their hand is seized in friendship

Question 7

can words amount to an assault

Answer 7

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

Question 8

give an example of words causing assault

Answer 8

R v Ireland words amounted to assault as the repititous phonecalls recieved by women caused them psychological harm

Question 9

who said words cant be assault

Answer 9

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

Question 10

what is the test for immediacy

Answer 10

R v Horseferry Road established that immediacy requires proximity in time and causation

Question 11

what about where no physical contact occurs

Answer 11

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

Question 12

what legislation governs assault

Answer 12

S.2(1) of the non-fatal offences against the persons act 1997

Question 13

S.3(1) of the Non-fatal Offences Against the Persons act 1997

Answer 13

a person who assaults another causing him or her harm shall be guilty of an offence

Question 14

what constitutes a harm?

Answer 14

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

Question 15

whats an example of mental suffering for the purpose of S.3 assault

Answer 15

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

Question 16

S.4(1) of the Non-Fatal Offences Against the Person Act 1997

Answer 16

makes it an offence to intentionally or recklessly cause serious harm to another person

Question 17

what is the Penalty for S.4 Assault

Answer 17

if they are convicted on indictmnet they shall be liable to a fine, or imprisonment for life or both

Question 18

what constitutes serious harm?

Answer 18

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

Question 19

what are the two defences to assault

Answer 19

consent and Self-defence

Question 20

explain the defence of consent

Answer 20

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

Question 21

explain the defence of Self-defence

Answer 21

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

Question 22

S.18 of the Non-fatal offences against the person act 1997

Answer 22

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