Criminal Law - Nonfatal Offences Against the Person

Question 1

Assault

Answer 1

Intentionally or recklessly causing another person to apprehend immediate unlawful personal violence

Actus reus: defendant’s conduct must make the victim believe that the defendant will apply unlawful force upon them immediately

Mens rea: intention or recklessness

Words can be sufficient if the victim believes that violence is imminent (words can also negate an assault if they stop the victim believing they will be immediately assaulted)

Question 2

Defendant must Cause Apprehension

Answer 2

• Equates to belief not fear
• Whether the victim was actually fearful or not is irrelevant
• If victim is oblivious to the threat the actus reus is not satisfied

Question 3

Immediate

Answer 3

• Victim apprehends that they will be subjected to personal violence at some time and place not excluding the here and now

Question 4

Personal Violence

Answer 4

• Words enough can be enough
• Silence alone can constitute assault
• Words can also negate an assault
• Conditional threat would be sufficient for assault

Question 5

Battery

Answer 5

• Can also be referred to as common assault by battery
• Intentionally or recklessly applies unlawful personal force on another person
• Contact may be direct, indirect, delayed or by omission

Question 6

Unlawful Force

Answer 6

• Not the same as violence
• Touching someone without their consent will constitute unlawful force (irrespective of how much force is applied)
• Express and implied consent
• Can be committed indirectly (e.g. punch someone who is holding a baby, person holding baby drops them, defendant will be liable for battery on the baby as well as the person)

Question 7

Assault Occasioning Actual Bodily Harm (ABH)

Answer 7

• s.47 of Offences Against the Person Act 1861 (s.47 ABH)
• Must be either an assault or battery
• Causation: factual (‘but for’) and legal causation (substantial and operative cause)
• Injury: calculated to interfere with health or comfort and more than transient or trifiling (e.g. bruising, swelling, brief loss of conciousness, diagnosed psychiatric injury)
• Mens rea is the same as for assault or battery (but defendant does not need to intend or foresee ABH injuries)