Assaults

Question 1

What is the actus reus and mens rea of simple assault?

Answer 1

Actus Reus: causing the victim to apprehend immediate and unlawful personal force. (can be words or silence, conditional threats suffice)

Mens rea: Intention or recklessness (subject test)

Question 2

What is the actus reus and mens rea of battery/ physical assault?

Answer 2

Actus reus: Infliction of unlawful personal force (direct contact, throwing an object, placing objects in harms way)

Mens rea: Intention or recklessness (subjective test)

Question 3

What is the actus reus and mens rea of assault occasioning actual bodily harm s47 OAPA

Answer 3

Actus reus: the defendant commits a simple assault or battery that causes actual bodily harm. (any injury calculated to interfere with the health/ comfort of the victim, more than transient trifling) (can include diagnosed mental harm)

Mens rea: Intention or recklessness to simple assault/ battery only (not to the actual harm)

Question 4

What is the actus reus and mens rea of wounding/ inflicting GBH s20 OAPA

Answer 4

Actus reus: the defendant unlawfully wounds or unlawfully inflicts (causes) GBH on the victim.
GBH = really serious harm, question of fact for jury, subjective to victim.
Wounding = breaking both layers of skin (blood)

Mens rea: intention or recklessness to cause some form of harm

Question 5

What is the actus reus and mens rea or wounding/ causing GBH with intent, s18 OAPA

Answer 5

Actus reus: unlawfully wounding or causing GBH to a
person.

Mens rea:
- with intent to cause GBH
- 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 6

Is consent a defence for simple assault and battery?

Answer 6

Consent can amount to a defence for these offences

Question 7

Can consent amount to a defence for OAPA assaults.

Answer 7

The general rule is that consent is not available as a defence to any assault where harm is intended or caused.

Question 8

What are the exceptions to the general rule that consent is not a defence to statutory assaults?

Answer 8

-Surgery
-Dangerous exhibitions e.g circus acts
-Sport provided it is properly conducted (won’t defend all behaviour)
-Piercings/ tattoos
-Horseplay

Sado-masochism and body modifications are not exceptions

Question 9

When is consent valid?

Answer 9

It is a question of fact in each case.

Consent is only valid if it is freely given by a fully informed and competent adult.
Consent is not valid if it is obtained by fraud as to the identity of the defendant or fraud as to the nature and quality of the act.