Crim 2 - Assaults

Question 1

Order of severity

Answer 1

Assault - summary - s39 CJA 1988
Battery - summary - s39 CJA 1988
Assault ocassioning ABH - either way - s47 OAPA
Maliciously wound or inflicting GBH- either way - s20 OAPA
Wounding or causing GBH with intent- indictable only - s18 OAPA

Question 2

Common law assaults

Answer 2

Simple assault
intentionally or recklessly causes victim to apprehend immediate and unlawful personal force

Actus reus-
Unlawful - defence, police may use lawfully
Apprehension - must be noticed
Words alone can amount ‘a thing said is also a thing done’
Silent telephone call may be an assault (pattern of contact)
Immediacy - fear force could occur immediately - on phone may still fear immediate.
Conditional threats - must satisfy immediacy

Mens rea -
intended or was reckless

Battery
Unlawful touching.
‘Physical assault’

Actus reus-
Infliction of unlawful personal force upon victim
Direct contact
Throws or spits, cycles over foot
Sets their dog, delibarately places obstacle.
No harm required

Mens rea -
Intention or recklessness

Question 3

Statutory assaults

Answer 3

OAPA 1861

Question 4

Assault occasioning actual bodily harm (OAPA 1861) s47

Answer 4

Term not exceeding five years

Actus reus -
simple assault or battery that causes ABH.

Factual and legal causation

ABH -
more than transient or trifling

Mental harm?
Yes depending on severity. Need medical evidence.

Mens rea -
Intend or be reckless as to simple assault or battery. No need to show intention of ABH.

Question 5

Wounding or inflicting grievous bodily harm (OAPA 1861 s20)

Answer 5

Term not exceeding 5 years

Actus reus -
unlawfully wounds or unlawfully inflicts GBH

GBH -
really serious harm
question of fact for jury - particular vicimd, age and health.

Inflicted = caused

HIV positive, guilty of passing on (R v Dica 2004)

Wounding -
breaking or both layers of skin resulting in bleeding.
Cut of any size or severity, scratch that draws blood (very unlikely to be charged as such)
BUT NOT
internal, rupture of blood vessel in eye.

Mens rea -
Intention or recklessness as to causing some bodily harm (ABH)

Question 6

Wounding or causing GBH with intent
S18 OAPA

Answer 6

Max term - Life imprisonment

Actus reus -
wounding or
causing GNH

Mens rea -
Intent to cause GBH or
Intent to resist or prevent lawful apprehension or detention of any person coupled intention or recklessness as to causing some bodily harm

Evidence of clear planning may prove intent.

Intention to resist or prevent arrest -
intend or foresaw that some harm caused.
Must prove ulterior intent.

Four ways of committing -

Ordinary victim
AR -wound MR i-ntention to cause GBH
AR - GBH MR- intention to cause GBH

Police officer victim -
AR - wound - MR intention to resist/prevent arrest/recklesness as to causing ABH
AR - GBH - MR - intention to resist/prevent arrest and intention/recklesness as to causing ABH

Question 7

Consent
(Defence)

Answer 7

Consent can be defence for simple assault and battery.

Does not apply to statutory assaults.
General rule - not available as defence where harm is intended or caused.

Exceptions
Surgery
Dangerous exhibitions (circus acts)
Sport - conduct outside the rule may not apply
Ear-piercing and tattooing

Public policy determining factor.

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

Consent to non-fatal offence must be informed.
HIV - if unaware would not satisfy test.