Criminal law — OAPA 1861 Assault to GBH s.18

Question 1

What is the actus reus of assault?

Answer 1

To cause the apprehension of/ the V to apprehend immediate unlawful force/violence

S.39 Criminal Justice act

Question 2

What is the mens rea for assault?

Answer 2

An intention or recklessness as to causing the V to apprehend unlawful and immediate violence

Question 3

Ireland

Answer 3

D made silent phone calls to a woman over a period of time.
- Held: Guilty - no need for words

Question 4

Lamb

Answer 4

D pointed an unloaded gun at the V, V knew this was unloaded.
- Held: No assault as D didn’t fear immediate and unlawful harm

Question 5

Smith v Chief Superintendent of Woking Police station

Answer 5

D was standing in V’s garden, staring through the kitchen window.
- Held: This was assault. Immediate harm does not mean instantaneous but could be imminent

Question 6

Tuberville v Savage

Answer 6

D had a hand on his sword but said “were it not assize time I would not take such language from you.”
- Held: Words could prevent an act being an assault

Question 7

R v Light

Answer 7

D raised a sword over his wife’s head and said “were it not for the bloody policeman outside, I would split your head open”.
- Held: Guilty of assault

Question 8

What is the actus reus of battery?

Answer 8

Unlawful application of force upon another person.

S.39 Criminal Justice act

Question 9

What is the mens rea for battery?

Answer 9

An intention or recklessness as to whether force is applied.

Question 10

Collin’s v Wilcock

Answer 10

Policeman wanted to stop a prostitute to get her name.
- Held: Holding someone’s arm was enough for battery

Question 11

DPP v K

Answer 11

School boy put acid in a hand dryer. It later sprayed onto someone’s facewhen they used the dryer.
- Held: Battery could be indirect

Question 12

DPP v Santa-Bermudez

Answer 12

Police asked if D had anything sharp in his pocket before being searched, he said no.
- Held: Omitting to tell officer

Question 13

Thomas

Answer 13

Caretaker grabbed the hem of a 12 year old girls skirt.
- Held: Indirect touching could be battery

Question 14

Haystead

Answer 14

D punched his girlfriend, causing her to drop her baby.
- Held: D was guilty of battery on the baby

Question 15

DPP v Majewski

Answer 15

• Held: Becoming voluntarily intoxicated via drink or drugs was reckless conduct and reckless enough to constitute the MR of common assault

Question 16

Venna

Answer 16

D was arrested for a public order offence and struggled violently with a police officer.
- Held: He was judged to be reckless as to whether he harmed the police officer. This was sufficient for MR of battery

Question 17

What is s.47 in the OAPA 1861?

Answer 17

Assault occasioning actual bodily harm

Question 18

What is the actus reus for ABH?

Answer 18

Assault - there must be an assault or battery.
Occasioning - this means causing or bringing about the consequence.
Actual bodily harm - “harm” means injury and “actual” means the injury should not be so trivial as to be “wholly insignificant “. “transient and trifling”

This may include psychiatric damage— provided there is expert evidence in support. R v Burstow

Question 19

DPP v Smith

Answer 19

Even someone’s ponytail being cut off was enough for ABH.

Question 20

T v DPP

Answer 20

Momentary loss of consciousness was sufficient for ABH.

Question 21

What is the mens rea for s.47 ABH?

Answer 21

Intention or recklessness as to assault or battery

(Constructive liability)

Question 22

What is the actus reus for GBH s.20?

Answer 22

Unlawful wounding or inflicting “some serious harm”

Unlawful - i.e. no consent as their is for a tattoo or piercing
Wounding - a break in continuity of the skin

Question 23

JCC v Eisenhower

Answer 23

V was hit in the eye by an airgun pellet and suffered bruising and internal bleeding in the eye.
- Held: Not a wound

Question 24

Brown and Straton

Answer 24

V (a transsexual) went to visit his fathers market stall. Father felt humiliated and so he and the V’s cousin hit the V with a chair, breaking his nose, knocking out 3 teeth and causing concussion.
- Held: A collection of minor injuries could amount to GBH

Question 25

R v Bollom

Answer 25

17 month old child suffered widespread bruising
- Held: Injuries should be assessed according to V’s age and health — this was GBH

Question 26

R v Dica

Answer 26

D had unprotected sex with 2 women without disclosing he had HIV. Both women also contracted it.
- Held: GBH can be inflicted by infection

Question 27

R v Burstow

Answer 27

Victim of a stalker suffered severe depression.
- Held: Psychiatric harm can be GBH

Question 28

What is the mens rea for s.20?

Answer 28

Intention or recklessness as to the possibility of causing some harm.
(Constructive liability. If you meant to cause some harm and end up causing serious harm you are still liable.)

Question 29

Savage

Answer 29

D spotted her husband’s ex girlfriend in a bar - they did not like each other but had never actually met. D went across the bar and threw a drink over her. The glass slipped out her hand and broke, cutting the victims wrist.
- Held: Guilty of s.20 GBH (later substituted for s.47 after appealed)

Question 30

R v Parmenter

Answer 30

D injured 3 month old baby when he threw him in the air and caught him as he had done with slightly older children. He had not realized the risk of any injury.
- Held: No need to foresee serious harm, just some harm for s.20 but in this case was guilty of s.47

Question 31

What is the actus reus for GBH s.18?

Answer 31

Either wounding or GBH as set out in s.20

Question 32

What is the mens rea for s.18 GBH?

Answer 32

Intentionally (direct or indirect) causing serious harm.

Question 33

How else can the intent in the mens rea be gained?

Answer 33

i) To resist lawful arrest
ii) Prevent lawful arrest
iii) Plus recklessness as to causing injury (R v Morrison)

Question 34

R v Morrison

Answer 34

Police entered a building to make an arrest. One found D hiding behind a door and told him he was under arrest, he responded by running for the window. An officer grabbed him and was dragged through the window as he crashed through the glass. She suffered serious cuts and permanent scarring.

Question 35

R v Taylor

Answer 35

V was found with shallow scratches across his face and a stab wound in his back.
- Held: Intent to wound was not sufficient for s.18

Question 36

Belfon

Answer 36

D slashed victims face and chest with a razor— the court stated that in order to be convicted under s.18 it was insufficient to show that D foresaw such harm as likely or had been reckless.

Question 37

What is the difference between some and serious harm?

Answer 37

S.47 ABH;
Grazes, scratches, minor bruising, black eye, reddening of skin, minor break e.g. finger or nose. Momentary loss of consciousness.

S.20/S.18 GBH;
A wound i.e. a minor cut upwards; permanent disability, compound fractures, blood loss requiring transfusion, lengthy incapacity, multiple minor injuries, longer unconsciousness. Infection with life limiting disease.