Assaults Flashcards
What are the hierarchy of assault cases?
From least serious to most serious:
- Assault
- Battery
- Assault occasioning actual bodily harm
- Maliciously wounding or inflicting grievous bodily harm
- Maliciously wounding or causing grievous bodily harm with intent
Assault
Name the classification of offence and maximum sentence.
Summary only
6 months imprisonment and/or fine
Battery
Name the classification of offence and maximum sentence.
Summary only
6 months imprisonment and/or fine
Assault occasioning actual bodily harm
Name the classification of offence and maximum sentence.
Either way offence
5 years imprisonment
Malicious wounding or inflicting grievous bodily harm
Name the classification of offence and maximum sentence.
Either way offence
5 years imprisonment
Wounding or causing grievous bodily harm with intent
Name the classification of offence and maximum sentence.
Indictable only
Life imprisonment
What is simple assault?
Where the defendant intentionally or recklessly causes a victim to apprehend immediate and unlawful personal force.
What is the actus reus of simple assault?
Causing the victim to apprehend immediate and unlawful personal force.
How do you determine if the defendant has caused the victim to apprehend immediate and unlawful force? (5)
It must be unlawful
Be aware of the fact they will be unlawfully touched
Silence can amount to assault
It must be immediate
Conditional threats may still constitute a threat as they may strike at any time.
What is the mens rea of simple assault?
Where the defendant intends to cause the victim to apprehend immediate or unlawful personal force
OR was reckless (i.e. they must foresee the risk and go ahead with it anyway).
What is battery?
Where the defendant intentionally or recklessly inflicts unlawful personal force.
What is the actus reus of battery?
The infliction of unlawful personal force, which can be applied by:
- Direct bodily contact
- Throwing an object/spitting
- Setting a dog on someone or placing an obstacle behind a door so that a person trips over it
What is the mens rea of battery?
Where the defendant intends the actual infliction of immediate or unlawful personal force
OR was reckless (i.e. they must foresee the risk and go ahead with it anyway).
Can the offences of simple assault and battery be committed together?
Yes, where the victim believes they are about to be hit and then they actually are.
What is assault occasioning actual bodily harm?
When a person intentionally or recklessly assaults another, thereby causing actual bodily harm (ABH).
What is the actus reus of assault occasioning actual bodily harm?
The assault or battery causes actual bodily harm which can be:
- any injury which interferes with the health or comfort of the victim
- must be more transient than trifling
- includes psychiatric harm
What is the mens rea of assault occasioning actual bodily harm?
The defendant must intend or be reckless as to a simple assault or battery only.
What is wounding or inflicting grievous bodily harm?
Unlawfully and maliciously wounding or inflicting grievous bodily harm on another person.
What is the actus reus of wounding or inflicting grievous bodily harm?
The defendant unlawfully wounds or unlawfully inflicts grievous bodily harm on the victim.
GBH includes fractured skull, severe internal injuries, broken limbs.
Wounding includes bleeding of both layers of the skin. A rupture of a blood vessel is not a wound.
What is the mens rea of wounding or inflicting grievous bodily harm?
The defendant must intend or foresee that they may cause some kind of harm.
What is wounding or causing grievous bodily harm with intent?
Unlawfully wounding or causing grievous bodily harm with intent.
What is the actus reus of wounding or causing grievous bodily harm with intent?
To wound or cause grievous bodily harm.
What is the mens rea of wounding or causing grievous bodily harm with intent?
Intention to cause grievous bodily harm OR malicious intention or recklessness as to actual bodily harm plus an intent to resist/prevent arrest.
What is the implied principle for consent for simple assault and battery cases?
There is inevitable physical contact that occurs as every day life, but this principle does not apply where harm is intended or caused.
What are some exceptions to the general rule about consent where harm is caused from everyday life?
Surgery
Dangerous exhibitions (circus)
Ear-piercing and tattooing
When is consent valid as a defence?
If it is freely given by a fully informed and competent adult.
It is not valid if it is obtained by fraudulent means by the identity of the defendant or the nature or quality of the act.
