Assaults

Question 1

What is the hierarchy of assaults from least to severe?

Answer 1

1. Assault
2. Battery
3. Assault occasioning actual bodily harm
4. Maliciously wounding or inflicting GBH
5. Wounding or causing GBH with intent

Question 2

What are the 2 common law assaults and how do they differ?

Answer 2

Simple assault - causing the victim to apprehend immediate and unlawful personal force - do not need to make physical contact with the victim. -it is irrelevant whether the victim fears it or not.

Battery - physical assault - infliction of unlawful personal force.

Question 3

What is assault occasioning actual bodily harm s.47 OAPA 1861?

Answer 3

Common law assault with the added ‘extra’ of injury.

Aggravated form of common assault as it requires proof, not only that an assault or a battery has been committed, but also that harm has been caused to the victim.

Harm can include psychiatric injury e.g. anxiety neurosis, reactive depression.

Question 4

What is the offence of wounding or inflicting GBH s20 OAPA 1861?

Answer 4

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

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

Question 5

What is the offence of wounding or causing GBH with intent?
OAPA s18

Answer 5

Unlawfully wounding or causing GBH to a person.

Intent to cause GBH or 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 e.g. evidence of clear planning, use of a weapon or repeated punching or stamping.

Question 6

Can consent be used as a defence for assault and battery?

Answer 6

Yes, can amount to a defence.

Law - people impliedly consent to the inevitable physical contact that occurs as part of everyday life e.g. shaking hands.

Question 7

Can consent be used as a defence for the OAPA offences?

Answer 7

Consent is not available as a defence to any assault where harm is intended or caused.

Exceptions:
- consent can be valid for surgery, sport, ear piercing, tattooing and horseplay.
- valid consent needs to be freely given by a fully informed and competent adult.