Assaults

Question 1

Hierarchy of assaults

Answer 1

• Assault
• Battery
• s47 Assault occasioning actual bodily harm
• s20 Maliciously wounding or inflicting grievous bodily harm
• s18 Wounding or causing grievous bodily harm with intent

Question 2

Simple assault - AR

Answer 2

Causing the victim to
apprehend immediate
and unlawful personal
force.

Assault can be by words or silence.

Conditional threats - defendant could still be liable for assault provided that the conditional threat also satisfies the ‘immediacy’ requirement.

Question 3

Common law assaults -simple assault - MR

Answer 3

Intention or recklessness
as to causing the victim to
apprehend immediate and
unlawful personal force.

The test for recklessness is subjective and so the defendant must personally foresee the risk
and go on to take it.

Question 4

Common law assaults - battery - AR

Answer 4

Infliction of unlawful
personal force.

Touching can satisfy AR.

Can be direct e.g. pushing, or indirect e.g. throwing objects or setting dog on victim.

Question 5

Common law assaults - battery - MR

Answer 5

Intentionally or recklessly
inflicting unlawful force.

Question 6

Statutory assaults - s47 assault occasioning actual bodily harm - AR

Answer 6

Assault or battery occasioning actual bodily harm.

Harm - interferes with the health and comfort of the victim.
Bruising, swelling may suffice.

Mental health - must be a recognisable clinical
condition.

Question 7

Statutory assaults - s47 assault occasioning actual bodily harm - MR

Answer 7

Must intend or be reckless as to a simple assault or
battery only.

Question 8

Statutory assaults - s47 assault occasioning actual bodily harm

Answer 8

Either way offence. Can be tried at mags or crown.

Any term not exceeding 5 years.

Question 9

Statutory assaults - s20 wounding or inflicting grievous bodily harm

Answer 9

Either way offence. Can be tried at mags or crown.

Any term not exceeding 5 years.

Question 10

Statutory assaults - s20 wounding or inflicting grievous bodily harm - AR

Answer 10

Defendant unlawfully wounds or unlawfully inflicts grievous bodily
harm on the victim.

GBH = really serious harm e.g. fractured skull, broken limbs, really serious psychiatric injury, disfigurement from acid, severe internal injuries.

Wounding = the breaking of both layers of the skin resulting in bleeding e.g. a cut of any size, scratch that draws blood, cut to inside of mouth.

Question 11

Statutory assaults - s20 wounding or inflicting grievous bodily harm - MR

Answer 11

Maliciously = intention or recklessness.

Defendant need only intend or be reckless as to causing actual bodily harm.
Sufficient that they have foreseen a risk that some physical harm.

Question 12

Statutory assaults - s18 wounding or causing grievous bodily harm with intent

Answer 12

Must be sent to the Crown Court for trial.

Max sentence - life imprisonment.

Question 13

Statutory assaults - s18 wounding or causing grievous bodily harm with intent - AR

Answer 13

Unlawfully wounding or causing grievous bodily harm.

Same as s20 apart from word cause instead of inflict but case law says they have same meaning.

Question 14

Statutory assaults - s18 wounding or causing grievous bodily harm with intent - MR

Answer 14

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

Question 15

Defence - consent - simple assault and battery

Answer 15

Consent can be a defence to simple assault and battery.

Question 16

Defence - consent - statutory assaults - general rule

Answer 16

Consent not available as a defence to any assault where harm is intended or caused so s47, s20, s18.

Question 17

Defence - consent - statutory assaults - exceptions

Answer 17

Where D must be acquitted.

• Surgery
• Dangerous exhibitions (such as circus acts).
• Sport provided it is properly conducted (not conduct outside the rules in the heat of the moment)
• Ear- piercing and tattooing.
• Horseplay

Limits to exceptions:
* sado- masochism
* body modifications (such as nipple removal and the division of a victim’s tongue)

Question 18

Defence - consent

Answer 18

Consent only valid If it is given freely by a fully informed and competent adult.

e.g. if don’t know HIV positive then no consent to sex.