Assault

Question 1

What case saw the victim jump of a car when V feared a sexual assault and convicted under S47 of OAPA?

Answer 1

ROBERTS 1972
D argued that this was CA not an aggravted offence however causal chain linking initial assault and physical harm suffered by V

Question 2

What was the outcome of SAVAGE 1992?

Answer 2

D threw pint of beer in V’s face, glass slipped and cut V.

HoL held that not ness to prove actual foresight of harm to be guilty under s47.

Question 3

Does MR for S47 require D to have intended or foresaw the injury?

Answer 3

No

Question 4

What criminal group does common assault, rape and imprisonment come under?

Answer 4

Crimes against autonomy

Question 5

What are the two separate offences which make up Common Assault?

Answer 5

1. Battery (unconsented application of force, ie. punching)

2. Assault (unconsumated threat thereof)

Question 6

Which law covers Common Assault?

Answer 6

Criminal Justice Act 1988

Question 7

How does Glanville Williams refer to the elements of common assault?

Answer 7

Battery - Physical element

Assault - psychic element

Question 8

In assault what does apprehend mean

Answer 8

To expect

Used in def of assault from VENNA 1975 - “A person is guilty of assault if he intentionally or recklessly leads someone to apprehend the application to his body of immediate unlawful force”

Question 9

Can D carry out Common Assault if means to carry out the threat are not available?

Answer 9

No, must be an immediate threat (Other laws cover the threat of future injury inc threat of death in CLA77)

Question 10

Does Battery require direct contact?

Answer 10

No

ie HAYSTEAD (200) - A punched C who was holding baby B. C dropped B. A charged with battery on B

Question 11

Does the contact in Battery (also known as “assault by beating”) have to be painful?

Answer 11

No, but does have to involve force (∴ does not inc drugging, poisoning, or gassing someone)

Question 12

What would fraud do with regard to consent?

Answer 12

Vitiate it

TABASSUM (2000) - Pretended to be medically qualified and examined women’s breast. Convicted for indecent assault

Question 13

In what type of assault is consent acceptable

Answer 13

Common Assault

Not normally considered for S18, 20 or 47 OAPA offences

Question 14

What areas do have exemptions from S20 offences?

Answer 14

Sports (esp Boxing) which have their own rules and surgery, tattooing, body piercing

Question 15

In what case did the CofA rule that a husband could brand his initials on his wife’s buttocks with her consent?

Answer 15

Willson (1997). CofA accepted that it was done for the purpose of adornment not to cause injury

Question 16

In what case was a footballer convicted of causing GBH when a robust tackle broke V’s legs?

Answer 16

BARNES(2004) - conviction quashed by CofA which ruled that use of crim courts should be exceptional and require sufficiently grave breach of the rules