Assaults Flashcards
Simple assault/Common assault - Definition
Any act which intentionally or recklessly, causes another person to apprehend IMMEDIATE and unlawful personal force
Simple assault/Common assault - Actus Reus
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.
Simple assault/Common assault - Mens rea
The defendant must intent to cause the victim to apprehend immediate unlawful personal force or be reckless as to whether such apprehension be caused.
Simple assault/Common assault - Type of charge
Summary only
Physical assault/Battery - Definition
The infliction of the force anticipated under simple assault. You can have one without the other
Physical assault/Battery - Actus reus
No injury is required. Infliction of unlawful personal force. Pushing, prodding or hitting. The application of force can be indirect.
Physical assault/Battery - Mens rea
Intentionally or recklessly inflict the unlawful force
Physical assault/Battery - Type of charge
Summary only
S. 47 Assault Occasioning Actual Bodily Harm - Actus reus
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
S. 47 Assault Occasioning Actual Bodily Harm - Mens rea
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.
S. 47 Assault Occasioning Actual Bodily Harm - Type of charge
Either way
S. 20 Wounding or inflicting grievous bodily harm - Actus reus
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
S. 20 Wounding or inflicting grievous bodily harm - Mens rea
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
S. 20 Wounding or inflicting grievous bodily harm - Type of charge
Either way
S. 18 Wounding or causing grievous bodily harm with intent - Definition
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
S. 18 Wounding or causing grievous bodily harm with intent - Actus Reus
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
S. 18 Wounding or causing grievous bodily harm with intent - Mens rea
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.
S. 18 Wounding or causing grievous bodily harm with intent - Type of charge
Indictable only
Defences - Consent - General rule
Unless an activity is lawful the consent of the victim to the deliberate infliction of actual bodily harm is no defence
Defences - Consent - Exceptions
Surgical operations, Dangerous exhibitions e.g circus acts and conducted sports e.g ruby. Ritual circumcision, tattooing and ear-piercing.
Defences - Self - defence - Reasonable force
To argue self-defence successfully the defendant must argue that he honestly believed it was necessary to use force. Subjective test so they need to be honest and genuine. The court must then be satisfied that the force used was reasonable in the circumstances as the defendant believed them. They will be judged on what they honestly and instinctively did at the time not in hindsight
Defences - Reasonable chastisement
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
Do you have to be scared of immediate unlawful force for simple assault?
No
What does wounding with intent require?
Wounding with intent requires a specific intent to cause GBH not to wound.
