Assaults Flashcards
What are the different types of assault?
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
What is simple assault?
Where the assailant intentionally or recklessly causes the victim to apprehend immediate and unlawful personal force (not touching victim)
Can assault be by words or silence?
Yes as per R v Burstow, however pattern of contact likely to be required
Does the victim need to be afraid of the apprehensive of unlawful force, as part of simple assault?
No
What is battery?
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
How may personal force by applied for the offence of battery?
Direct bodily contact, with or without weapon
Throwing an object
Setting dog on victim, or getting victim to trip over (indirect application)
Is a victim required to have suffered harm for the defendant to be guilty of battery?
No
What is assault occasioning ABH under s 47 OAPA?
AR = assault or battery occasioning ABH
MR = intent or recklessness as to simple assault or battery only
What level of harm constitutes ABH?
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”
What is wounding or inflicting GBH under s 20 OAPA?
AR = defendant unlawfully wounds or unlawfully inflicts GBH on the victim
MR = “maliciously”, i.e. intent or recklessness
What constitutes GBH or wounding?
“Really serious harm”
Breaking of both layers of the skin resulting in bleeding
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?
Some kind of physical harm - does not need to be the same type of injury that occurred
What is wounding or causing GBH with intent under s 18 OAPA?
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
When may consent be used as a defence to any of the statutory assaults?
Surgery
Dangerous exhibitions
Ear-piercing and tattooing