Assaults Flashcards
What is the hierarchy of assault offences?
1) Least serious is simple/technical assault + battery/physical assault - Summary only – 6 months imprisonment max
2) Assault occasioning ABH
3) Malicious wounding or inflicting GBH
- Both either-way – 5 years imprisonment max
4) Most serious is wounding or causing GBH with intent
- Indictable only – life imprisonment max
What is the AR of simple assault?
Causing V to apprehend immediate and unlawful personal force
Explain the elements of the AR of simple assault
- Apprehension – V must be aware of the potential for immediate and unlawful personal force; fear is not needed
i) Approaching V unnoticed would not suffice for apprehension
ii) Words alone can be an assault
iii) Silence may suffice (fact dependent) - may need pattern of contact
- Immediacy – enough that V considers that force could be immediate
- Conditional threat – satisfy the AR, provided they meet the immediacy requirement
Example - ‘If you don’t do this, I will hit you’
i) Threats to do something tomorrow would not be satisfactory
- Unlawful – not unlawful if there was a defence of use of reasonable force/self-defence
What is the MR for simple assault?
Intention or recklessness as to causing V to apprehend immediate and unlawful personal force
What is the AR for battery?
Infliction of unlawful personal force
Explain the elements of the AR of battery
- Force can be brought about by direct or indirect contact
i) D could push V or throw something at V
- Force – any slight touch is sufficient (no injury required)
What is the MR of battery?
‘Intention or recklessness as to infliction of unlawful personal force’
- No need to show intent or recklessness as to causing any injury
What is the AR for assault occasioning actual bodily harm?
Assault occasioning actual bodily harm
Explain the elements of the AR of ABH
1) Assault = simple assault or battery
2) Occasion = cause (factual and legal causation will apply)
3) Actual bodily harm = any hurt or injury calculated to interfere with the health or comfort of the victim
- Must be more than transient or trifling
- Harm can include psychiatric harm and cutting of hair
i) Strong emotions or a panic attack are insufficient
ii) Black eye would also suffice for ABH
What is the MR of assault occasioning ABH?
‘Intention or recklessness as to simple assault or battery only’
- No MR required as to harm
What is the AR of malicious wounding or inflicting GBH?
Wounding or inflicting grievous bodily harm
Explain the elements of the AR of malicious wounding or inflicting GBH
1) Wound = break both layers of skin, which results in bleeding
- Minor scratch which causes bleeding is enough
2) Grievous bodily harm = really serious harm
- Can include psychiatric injury if it is serious enough
- Internal bleeding is also likely to satisfy this
What is the MR of malicious wounding or inflicting GBH?
‘Maliciously wound or inflict grievous bodily harm’
- Maliciously = intention or recklessness as to causing some bodily harm
What is the AR of wounding or causing GBH with intent?
‘Wounding or causing grievous bodily harm’
- Causing means the same as inflicting
What are the two possible MRs for wounding or causing GBH with intent?
1) Intent to cause grievous bodily harm; or
- Recklessness not relevant here
2) Intent to resist or prevent the lawful apprehension or detention of any person and an intent or recklessness as to causing some bodily harm
What is a simple way to aid in classifying which offence has taken place?
Is there an injury? - if yes, ABH or above
If so, what is the injury? - could it meet the definition of wound/GBH
What is D’s state of mind at the time?
How does the defence of consent work?
Must be valid consent
- Freely given by a fully informed and competent adult
- Not valid if obtained by fraud as to identity of D or fraud as to nature and quality of the act
Consent can be implied
A valid defence to simple assault or battery
General rule – consent is not a defence where harm is caused or intended (ABH + above)
What are the exceptions to the general rule that consent cannot apply to ABH + above?
Surgery
Dangerous exhibitions (circus acts)
Properly conducted sport - Conduct outside the rules of the game and that is so grave as to be criminal will not attract the defence
Ear-piercing
Tattooing
Horseplay
Sado-masochism and body modifications are not exceptions
