Assaults

Question 1

List the assaults (from least to most severe).

Answer 1

• Assault;
• Battery;
• ABH;
• Malicious wounding or inflicting GBH (s20 GBH);
• GBH or wounding with intent (s18 GBH)

Question 2

Of the assaults which two are:

a) Summary only;
b) Either way;
c) Indictable only

Answer 2

a) Assault and battery;
b) ABH, maliciously wounding or infecting GBH;
c) wounding or GBH with intent

Question 3

Which two assaults are common law assaults?

Answer 3

Assault and Battery

Question 4

Define assault.

Answer 4

Where the assailant intentionally or recklessly causes the victim to apprehend immediate and unlawful personal force.

Question 5

Define apprehension within the meaning of assault.

Answer 5

V must expect be aware of the force being threatened (ie they do not have to be fearful).

Question 6

Can silence constitute assault?

Answer 6

Yes - dependant on the facts of the case as a pattern of behaviour would likely be required(eg repeated silent phone calls harassing someone as in R v Ireland and R v Burstow - both victims in these cases suffered psychiatric illness as a result).

Question 7

Can words constitute an assault?

Answer 7

Yes.

Question 8

Explain immediacy in the AR definition of assault.

Answer 8

Reference to the fact the force being apprehended has to be immediate (eg saying I’ll come to your house and punch you next week Is not sufficient as the force would not occur immediately).

Question 9

Can conditional threats amount to AR of assault?

Answer 9

Yes provided the conditional threat satisfies the immediacy requirement.

Question 10

Define the two mentality aspects which can satisfy the MR of assault.

Answer 10

• Intention (which is simply whether it is evident they had intent to cause victim to apprehend immediate and unlawful personal force);
• Recklessness (subjective test, must be clear D foresaw risk and still took the risk).

Question 11

True or False: the test for recklessness is subjective.

Answer 11

True. Defendant must personally foresee the risk and go on to take it.

Question 12

Define battery.

Answer 12

Intentionally or recklessly inflicting unlawful force (on the victim).

Question 13

Explain how the AR of battery can be present (ie the infliction of unlawful force).

Answer 13

The force does not have to be direct (eg hitting someone). It can be also satisfied by:

• throwing an object at V,
• putting obstacles in their way to trip over;
• setting a dog on V.

Question 13

Does it need to be established the victim suffered harm for the defendant to be guilty of battery?

Answer 13

No. There is no requirement for the victim to suffer harm, nor that the defendant had intention (or was reckless to) commit harm.

Question 14

Briefly describe MR of battery.

Answer 14

Intention or recklessness to inflict unlawful force on another. as with assault the requirement as to recklessness is subjective (ie D must have reasonably foresaw the action would inflict unlawful force).

Question 15

Define ABH (s47 OAPA).

Answer 15

D intends to commit (or commits by recklessness) a simple assault or battery which causes (occasions) actual bodily harm.

Question 16

Define the MR of ABH

Answer 16

The MR is the same as that of battery and assault, meaning D only need intend (or recklessly cause) the apprehension or pct of immediate unlawful force against the victim. Whether or not the defendant intends to cause the injury to V is irrelevant.

Question 17

Explain the AR of ABH.

Answer 17

The defendant must commit assault or battery which causes actual bodily harm. As such causation (both factual and legal) is needed to satisfy this (ie the assault or battery must be proven to cause the ABH).

Question 18

What does actual bodily harm mean?

Answer 18

Actual bodily harm means any hurt or injury calculated to interfere with the health or comfort of the victim. the inkiest does not need to be serious or permanent in nature, but must be more than transient or trifling.

Question 19

List some examples of what has constituted actual bodily harm.

Answer 19

• split lip;
• stabs that require minor stitching;
• significant bruising to V’s face;
• swelling to the knee caused by a kick;
• cutting a substantial piece of V’s hair

Question 20

List some examples of things which have not been found to constitute actual bodily harm.

Answer 20

• Small bruise;
• minor scratch;
• red mark on face from slap which quickly fades.

Question 21

Can psychiatric harm constitute actual bodily harm?

Answer 21

Yes, but evidence would likely be required from a medical expert (likely a psychiatrist). It has now been widely accepted that the mental harm suffered must be a medically recognised psychiatric condition.

Examples include:
- Anxiety Neurosis; and
- reactive depressioon.

Strong emotions of rage, fear or distress, as well as panic attacks, would not be enough to consist ABHY.

Question 22

Define the overall definition of ABH.

Answer 22

Criminal liability for S47 assault (ie ABH), D must cause some harm (ABH) but, it is not necessary to intend or be reckless as to the specific injury suffered. D only need intend or be reckless as to the assault or battery.

Question 23

Give the statuary definition of wounding or inflicting GBH (s20 OAPA).

Answer 23

Whoever shall unlawfully and maliciously fund or inflict any grievous bodily harm upon any other person shall be liable to imprisonment for a term not exceeding 5 years.

Question 24

Define AR of s20 GBH.

Answer 24

D must unlawfully wound or unlawfully inflict GBH on the victim.

Question 25

Define grievous bodily harm.

Answer 25

defined in DPP v Smith as really serious harm. The words are given their ordinary meaning and therefore up to jury/ magistrate if they deem the harm serious enough, taking into account V's age, health and circumstances.

Question 26

List some examples of GBH.

Answer 26

- fractured skull; - severe internal injuries; - broken limbs; - acid attacks causing disfigurement; - really serious psychiatric injury.

Question 27

What is the maximum sentence for: a) Assault; b) Battery; c) s20 GBH; d) s18 GBH; e) s47 ABH.

Answer 27

a) 6 months; b) 6 months; c) 5 years; d) life; e) 5 years

Question 28

Define inflicts for purposes of AR of s20 GBH definition.

Answer 28

Generally seen as the same as causes (eg god example of a niche Gah was man having sexual intercourse unprotected, without disclosing to the women that he was HIV positive. He was convicted of GBH following both women testing positive for HIV).

Question 29

Define wounding for purposes of AR of s20 GBH.

Answer 29

Defined as the breaking of both layers of the skin resulting in bleeding. No reference to the cut being serious so minor wounding is technically sufficient. (Important to note however that whilst technically a minor cut causing bleeding could constitute wounding, in practice it is unlikely a s20 charge would be seen as appropriate for such a minor injury).

Question 30

List some examples of wounding for purposes of AR of s20.

Answer 30

- cut of any size; - scratch that draws blood; - cuts to the inside of the mouth.

Question 31

List examples of things which have been found not to constitute wounding for s20 GBH.

Answer 31

- bruising or internal bleeding; - a rupture of the blood vessels in the eye.

Question 32

Explain the MR of s20 GBH.

Answer 32

Definition of s20 uses the word maliciously (wounding or inflicting GBH). Courts have decided that D must only intend (or be reckless to) cause some bodily harm. effectively they must intend or be reckless to cause ABH. It is not necessary that they foresee the severity of harm that is actually inflicted.

Question 33

Define the AR of s18 GBH

Answer 33

Identical to the AR for s20, D but wound or cause/ inflict GBH.

Question 34

Define MR of s18 GBH.

Answer 34

Either: a) intent to cause GBH; or b) intent to resist or prevent lawful apprehension or detention of any person coupled with the intention or recklessness as to causing some bodily harm.

Question 35

Explain the first way one could satisfy the MR for s18 GBH (intent to cause GBH).

Answer 35

D will be charged if they intend. to cause GBH. intent to cause lesser harm will not suffice, and the MR cannot be satisfied by recklessness.

Question 36

List some factor which may lead a jury to think intent to cause GBH was apparent.

Answer 36

- premeditation of the attack; - repeatedly stabbing or punching the victim; - use of a weapon.

Question 37

Explain the second requirement which can satisfy the MR of s18 GBH (intention to resist or prevent arrest).

Answer 37

D must intend to resist or prevent an arrest and intend (or be reckless to intend) some actual bodily harm. eg hitting a police officer trying to arrest you, you hitting them scratches their face drawing blood. While your intention is not to cause GBH, you have intended/ been reckless to cause ABH and also intended to prevent arrest. as such you would have sufficient MR for s18.

Question 38

What is the general rule regarding consent to statutory assaults (ie not including common law offences of assault and battery).

Answer 38

General rule is that consent cannot be a defence to statutory assaults where harm is intended or caused.

Question 39

List the executions to the fa t that consent is not a defence to statuary assaults.

Answer 39

- Surgery; - Dangerous exhibitions such as circus acts; - Sport (provided it is properly conducted) - it is accepted that in sport serious harm may be caused however this is not a blanket defence and the facts are vital; - ear piercing and tattoos. - Horseplay - ie playing between youngsters (although facts will be important and judicial discretion will be crucial dependant on the context).

Question 40

Give two examples which were not found to be exceptions to the general rule about consent to statuary assaults.

Answer 40

- Sado-masochism; and - Severe body modifications (eg division of a tongue or removal of a nipple).

Question 41

What may override an expiation to the general rule about consent?

Answer 41

- Consent is NOT valid where it is obtained by fraud as to the identity of D, or the nature and quality of the act; - Consent is only valid if it is freely given by fully informed and competent adult (ie this protects minors ad those suffering from disabilities etc).

Question 42

Summarise the position as to consent to assaults (both common law and statutory).

Answer 42

- consent must be valid; - consent is implied in relation to simple or physical assault provided no harm is intended or cause (eg handshakes); - consent is not a defence to s47,s20 or s18 offences unless the behaviour coms within one of the valid exactions and is obtained validly (ie not through fraud or by someone who does not understand due to age or learning difficulties).