Assaults Flashcards

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1
Q

What are the different types of assault?

A

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

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2
Q

What is simple assault?

A

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

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3
Q

Can assault be by words or silence?

A

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

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4
Q

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

A

No

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5
Q

What is battery?

A

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

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6
Q

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

A

Direct bodily contact, with or without weapon

Throwing an object

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

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7
Q

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

A

No

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8
Q

What is assault occasioning ABH under s 47 OAPA?

A

AR = assault or battery occasioning ABH

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

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9
Q

What level of harm constitutes ABH?

A

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”

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10
Q

What is wounding or inflicting GBH under s 20 OAPA?

A

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

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

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11
Q

What constitutes GBH or wounding?

A

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

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12
Q

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?

A

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

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13
Q

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

A

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

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14
Q

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

A

Surgery
Dangerous exhibitions
Ear-piercing and tattooing

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