Assaults

Question 1

Simple assault/Common assault - Definition

Answer 1

Any act which intentionally or recklessly, causes another person to apprehend IMMEDIATE and unlawful personal force

Question 2

Simple assault/Common assault - Actus Reus

Answer 2

Causing the apprehension of immediate unlawful personal force. The victim must think that they are about to be hurt. Words alone can amount to assault. A silent telephone call can also be assault.

Question 3

Simple assault/Common assault - Mens rea

Answer 3

The defendant must intent to cause the victim to apprehend immediate unlawful personal force or be reckless as to whether such apprehension be caused.

Question 4

Physical assault/Battery - Definition

Answer 4

The infliction of the force anticipated under simple assault. You can have one without the other

Question 5

Physical assault/Battery - Actus reus

Answer 5

No injury is required. Infliction of unlawful personal force. Pushing, prodding or hitting. The application of force can be indirect.

Question 6

Physical assault/Battery - Mens rea

Answer 6

Intentionally or recklessly inflict the unlawful force

Question 7

S. 47 Assault Occasioning Actual Bodily Harm - Actus reus

Answer 7

An assault which occasions actual bodily harm. Actual bodily harm = any hurt or injury which interferes with the health or comfort of the victim. Scratch, bruise, swelling, stitches or hospital procedure would suffice. Includes cases where there’s been medical intervention. Also includes psychiatric injury e.g depression/anxiety

Question 8

S. 47 Assault Occasioning Actual Bodily Harm - Mens rea

Answer 8

Intention or recklessness as to the assault only. Don’t have to prove that the defendant intended or was reckless to the harm just to the causing of apprehension of immediate and unlawful force. There is no difference between mens rea for simple/physical assault the only difference between the offences is that for S. 47 there must be some actual bodily harm caused.

Question 9

S. 20 Wounding or inflicting grievous bodily harm - Actus reus

Answer 9

Unlawfully wound or inflict grievous bodily harm. Wound requires both layers of skin to be broken e.g looking for blood. Grievous bodily harm = really serious harm e.g fractured skull or broken bones. Psychiatric problems can amount if they were serious enough

Question 10

S. 20 Wounding or inflicting grievous bodily harm - Mens rea

Answer 10

Maliciously = intention or recklessness. The defendant need only intend or be reckless as to some bodily harm, it is not necessary to prove that the defendant foresaw really serious harm or the exact nature of the harm that occurred. Need to foresee risk of some harm or injury

Question 11

S. 18 Wounding or causing grievous bodily harm with intent - Definition

Answer 11

Most serious. Max. life sentence is life imprisonment. 4 ways of committing it:
1) Unlawfully and maliciously causing grievous bodily harm with intent to cause grievous bodily harm
2) Unlawfully and maliciously wounding with intent to cause grievous bodily harm
3) Unlawfully and maliciously causing grievous bodily harm with intent to resist or prevent the lawful apprehension or detainer of any person
4) Unlawfully and maliciously wounding with intent to resist or prevent the lawful apprehension or detainer of any person

Question 12

S. 18 Wounding or causing grievous bodily harm with intent - Actus Reus

Answer 12

To wound or to cause grievous bodily harm - same as for S. 20
Wound = both layers of skin to be broke - blood
Grievous bodily harm = really serious harm

Question 13

S. 18 Wounding or causing grievous bodily harm with intent - Mens rea

Answer 13

Ulterior intent to cause grievous bodily harm or to resist or prevent the lawful apprehension or detainer of any person - not enough that the man intend to resist arrest must also intend to be reckless as to some harm. Maliciously wound or cause grievous bodily harm.

Question 14

Defences - Consent - General rule

Answer 14

Unless an activity is lawful the consent of the victim to the deliberate infliction of actual bodily harm is no defence

Question 15

Defences - Consent - Exceptions

Answer 15

Surgical operations, Dangerous exhibitions e.g circus acts and conducted sports e.g ruby. Ritual circumcision, tattooing and ear-piercing.

Question 16

Defences - Self - defence - Reasonable force

Answer 16

To argue self-defence successfully the defendant must argue that he used reasonable force in the circumstances as he believed them to be

Question 17

Defences - Self - Defence - The effect of mistake

Answer 17

General rule - He is judged on the facts as he honestly believes them to be even if that honestly held belief in unreasonable
Exception - No defence if this mistake is based on voluntary intoxication

Question 18

Defences - Reasonable chastisement

Answer 18

Parents can physically chastise their children however any punishment which causes visible bruising, grazes, scratches, minor swellings or cuts is not allowed. Can be used as a defence to physical or simple assault but no other offences

Question 19

Do you have to be scared of immediate unlawful force for simple assault?

Answer 19

No

Question 20

What does wounding with intent require?

Answer 20

Wounding with intent requires a specific intent to cause GBH not to wound.