Assaults

Question 1

What are the different types of assault?

Answer 1

Assault - summary only, 6 months / fine

Battery - summary only, 6 months / fine

Assault occasioning ABH - either way, 5 years

Maliciously wounding or inflicting GBH - either way, 5 years

Wounding or causing GBH with intent - indictable only, life

Question 2

What is simple assault?

Answer 2

Where the assailant intentionally or recklessly causes the victim to apprehend immediate and unlawful personal force (not touching victim)

Question 3

Can assault be by words or silence?

Answer 3

Yes as per R v Burstow, however pattern of contact likely to be required

Question 4

Does the victim need to be afraid of the apprehensive of unlawful force, as part of simple assault?

Answer 4

No

Question 5

What is battery?

Answer 5

AR = Infliction of unlawful personal force by way the accused upon the victim

MR = Intention or recklessness in relation to the infliction of unlawful force

Question 6

How may personal force by applied for the offence of battery?

Answer 6

Direct bodily contact, with or without weapon

Throwing an object

Setting dog on victim, or getting victim to trip over (indirect application)

Question 7

Is a victim required to have suffered harm for the defendant to be guilty of battery?

Answer 7

No

Question 8

What is assault occasioning ABH under s 47 OAPA?

Answer 8

AR = assault or battery occasioning ABH

MR = intent or recklessness as to simple assault or battery only

Question 9

What level of harm constitutes ABH?

Answer 9

Any hurt or injury calculated to interfere with the health or comfort of the victim - need not be serious or permanent, but must be more than “transient or trifling”

Question 10

What is wounding or inflicting GBH under s 20 OAPA?

Answer 10

AR = defendant unlawfully wounds or unlawfully inflicts GBH on the victim

MR = “maliciously”, i.e. intent or recklessness

Question 11

What constitutes GBH or wounding?

Answer 11

“Really serious harm”
Breaking of both layers of the skin resulting in bleeding

Question 12

What type of injury does the defendant need to foresee in order to satisfy the MR for a s 20 wounding or inflicting GBH offence?

Answer 12

Some kind of physical harm - does not need to be the same type of injury that occurred

Question 13

What is wounding or causing GBH with intent under s 18 OAPA?

Answer 13

AR = Unlawfully wounding or causing GBH to a person

MR = Intent to cause GBH

OR

Intent to resist or prevent lawful apprehension or detention of any person, coupled with intention or recklessness as to causing some bodily harm

Question 14

When may consent be used as a defence to any of the statutory assaults?

Answer 14

Surgery
Dangerous exhibitions
Ear-piercing and tattooing