Assault Flashcards
Range of Assaults
Seriousness in descending order:
-Common Assault
-Common Assault - Battery and assault on emergency worker
-Actual Bodily Harm (ABH)
-Grievous Bodily Harm (GBH)
-Grievous Bodily Harm With Intent
-Murder
Define Assault
Common Assault - Any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence
Not defined in statute (Fagan v Met Police Commissioner [1968])
Define Battery
Any intentional or reckless infliction of unlawful force or personal violence
Intention (Assault)
Deliberate act
No requirement to prove a particular injury was caused
It is the act rather than the injury hat must be intended
Recklessness
-Unjustifiable risk
-The defendant must realise the risk but take it anyway
“Any Act” - Assault
-Can be words, said or written.
-Anything that causes fear of possible violence is enough of an act, as long as it is about to happen.
Lord Steyn, R v Ireland [1998]
R v Constanza [1997]
R v Miller [1954]
R v Chan-Fook [1994]
Apprehend immediate unlawful personal violence
No contact is needed for an assault, victim must fear/apprehend the use of immediate unlawful force against them. (Doesn’t have to be fearful, just a desire not to be assaulted)
What consent can be given for assault?
Consent can be given in martial arts, contact sports.
The force used must be legal (not bare knuckle fighting/dueling), not excessive and consent should be true.
What makes use of force lawful? ( Assault)
Lawful correction (no hitting children, but reasonable force for restraining violent pupils is okay)
Self Defence
Execution og duty
Sentencing for Common assault and battery
Summary Only - 6 months imprisonment and/or fine
Assault Occasioning Actual Bodily Harm (ABH) - S.47 Offences Against the Person Act 1861
Intentionally or recklessly assault any person thereby occasioning them ABH
What is Actual Bodily Harm?
-Any hurt that interferes with health or comfort but not to a considerable degree
-Includes Loss of consciousness and can be mental hurt (expert evidence needed)
Examples of ABH
Damaged teeth/bones
Extensive bruising/swelling
Cuts requiring stitches
Loss of sensory functions
Loss of consciousness
ABH Sentencing
Either Way Offence
Summary - 6 months imprisonment and/or fine
Max - 5 years imprisonment on indictment
Grievous Bodily Harm (GBH) - S.20 Offences Against the Person Act 1861
A person commits an offence who unlawfully and maliciously wounds or inflicts GBH, with or without a weapon or instrument
What is Unlawful? (GBH)
-Acting without authority
-Using unreasonable force (in self-defence or as a police officer)
What is Malicious? (GBH)
-Intentionally or reckless
-Defendant must realise there is a risk of harm but took the risk anyway
-Defendant does not need to foresee the degree of harm
What is Wounding? (GBH)
-All layers of skin need to be broken
-Skin inside mouth is split
-Abrasion would be insufficient
Inflict GBH
-Really serious bodily harm
-Not a minor injury, must cause a great deal of discomfort or be long-lasting.
Grievous Bodily Harm With Intent - S.18 Offences Against the Person Act 1861
The offence is committed where a person unlawfully and maliciously and by any means, wounds or causes GBH with intent to either do GBH to some person or with intent to resist or prevent the lawful apprehension or detainer of any person
“By Any Means” (GBH with Intent)
Harm caused by deliberate application of force
Does not have to be actual contact (Mental hurt)
Intent (GBH with Intent)
-Means deliberate
-Recklessness is not enough
-Intention to cause harm or resistant/prevent apprehension/detention
R v Belfon [1976]
GBH Injuries
-Permanent Disability
-Visible disfigurement
-Broken or displaced limbs/bones
-Substantial blood loss
-HIV infection
-Injuries relating to lengthy treatment
S.20 GBH Sentencing
Either Way Offences
Summary - 6 months imprisonment and/or fine
Indictable - 5 years imprisonment
S.18 GBH with intent
Indictment only
Life imprisonment
Racially or Religiously Aggravated - S.28 Crime and Disorder Act 1998
At time of, or immediately before committing the offence the offender demonstrates towards the victim hostility based on the victim’s (presumed) membership of a racial or religious group.
Or the offence is wholly/partially motivated by hostility towards members of a racial/religious group.
What are Racial Groups? s.28(4) Crime and Disorder Act 1998
Colour
Race
Ethnicity
Nationality
National Origin
What are religious group? S.28(5) Crime and Disorder Act 1998
A group of persons defined by reference to their religious belief or lack of religious belief
Racially or Religiously Aggravated Assault Sentencing
Max sentencing has 2 years added
Common Assault - 2 year imprisonment
ABH and GBH - Max 7 years imprisonment
GBH with Intent - Life imprisonment
The Doctrine of Transferred Malice
If a person mistakenly causes injury to the wrong/targeted person or property he is guilty of a crime to the same degree.
Harm done must match harm intended for this to apply
Assault an Emergency Worker - S.1 Assaults on Emergency Worker (Offences) Act 2018
When the offence of common assault or battery is committed against an emergency worker acting in the exercise of their duties.
Assault an Emergency Worker Sentencing
Either way offence
Max 12-month imprisonment and/or fine
Who are Emergency Workers?
Police Officer
Prison Officer
PCSO
Investigation Officer (IO)
Search and Recuse
NHS
Custody officer (exercising escort functions)
NCA
Fire and Rescuse
Emergency Workers (Obstruction) - S.1 Emergency Workers (Obstruction) Act 2006
A person who without reasonable excuse, obstructs or hinders another in certain circumstances, commits an offence.
(Also covers people assisting emergency services)
