Criminal Law

Question 1

Hierarchy of assaults

Answer 1

Assault (Summary - 6m)
Battery (Summary - 6m)
Assault occasioning actual bodily harm (either-way 5y)
Miraculously wounding/inflicting grievous bodily harm (either-way 5y)
Wounding/causing grievous bodily harm with intent (Indictable - Life)

Question 2

Common law assaults

Answer 2

Simple assault
AR: causing the victim to apprehend, immediate and unlawful personal force.
MR: intention/recklessness as to causing the victim to apprehend immediate and unlawful personal force

Battery
AR: infliction of unlawful personal force
MR: intentionally or recklessly inflicting unlawful force

Question 3

Simple assault

Answer 3

Occurs where the assailant intentionally/recklessly causes the victim to apprehend immediate & unlawful personal force.

Apprehend - be aware of; by words/science. By act/deed; V need not be afraid.

Immediately - Not future threats; Conditional threats may be

Unlawful personal force - Need for violence/touching; No injury necessary

Question 4

Battery

Answer 4

A force may be applied in a variety of ways: by direct bodily conduct; application of force (by throwing an object); indirect application of force.

Practical application of assault and battery - because the victim did not apprehend the force, there is no simple assault - just a physical one.

Question 5

Assault occasioning actual bodily harm

Answer 5

AR: D commits a simple assault/battery that causes actual bodily harm. Any injury which interferes with the health with the health/comfort of the victim. Harm needs to be more that transient/trifling. Mental harm - psychiatric condition must be recognised clinical condition.

MR: Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force; or inflicting such force. D need not intend/foresee the risk of any injury.

Question 6

Wounding/Inflicting Grievous bodily harm

Answer 6

AR: D unlawfully wounds/inflicts
wound = cutting both layers of the skin resulting in bleeding
GBH = really serious harm - INFLICTING rather than causing

MR: intinteion or recklessness as to causing actual bodily harm. What was going though the mind of tthe defendant at the tiem of he assult is largly considred.
Anything which intereferes with the healht/comfort of hte victim

Question 7

Wounding/Causing greviouls bodily harm with intent

Answer 7

AR: wounding + causing GBH
MR: intention to cause GBH

OR

intention to resist/prevent lawful apprehension/detention of any person, coupled with intention/recklessness as to causing some bodily harm.

NB: intention to cause a lesser harm/ recklessness will not suffice

Things to consider: clear planning, use of weapon, repeated punching /stomping, etc

Question 8

Consent as a defence

Answer 8

Consent can amount to a defence for simple assault/battery. However, does not apply to more seriously offences.

General rule: consent is not available as a defence to any assault where harm is intended /caused.

Exception: Surgery; dangerous exhibitions; sports (provided properly conducted); ear piercing and tattooing

Valid Consent: consent is only valid if freely given by a fully informed and competent adult, not if obtained through frauds to identity of D/the nature and quality of the act