Non-fatal OAP Flashcards
Assault Mens rea
- intention to cause apprehension of immediate violence
- subjective recklessness as to that consequence
If IP does not apprehend violence then NO assault
D/NOT matter if IP fears the violence (eg may enjoy it)
Words and silence can be assault if accompanied by required mens rea
Very small amount of force applied (in)directly = battery
Falsely saying no sharps on search and PC stabs self on one = battery
CONSENT
- Did IP consent to force
- if so, do public policy considerations invalidate consent
Injuries caused in unauthorized fight cannot be consented to.
Injuries from ‘off the ball’ tackles can be assaults
Dentist suspended found NOT guilty on appeal of assault
Husband and wife can BRAND each other as sign of affection but sadomasochistic act for s47 assault NOT classed as consent.
s39 assault Criminal Justice Act 1988
Summary - 6 mths
s29(1)(c) Crime and Disorder Act 1998 Racially or religiously agg assault
e/w 2 yrs / 6 mths / fine
s47 ABH OAP Act 7861
e/w 5 yrs / 6 mths / fine
s29(1)(b) Crime and Disorder Act 1998 Racially or religiously agg ABH
e/w 7 yrs / 6 mths / fine
Momentary loss of consciousness can be actual bodily harm.
Cutting hair or fingernails against IP’s will can be ABH
s20 OAP Act Wounding, inflict GBH
e/w 5 yrs / 6 mths / fine
s29(1)(a) Crime and Disorder Act 1998 racially or religiously agg assault
e/w 7 yrs / 6 mths / fine
unlawfully and maliciously wound or inflict GBH with or without a weapon
Maliciously - subjective recklessness. Def must realize some risk of harm but took risk anyway. Does not need to foresee the degree of harm, just that his behavior may bring about some harm
Wound - really serous harm, breaking of the whole skin
Inflict - directly or indirectly
GBH - incl;
some permanent disability/ disfigurement, loss of sensory function
broken, displaced limbs, bones
substantial loss blood (requiring transfusion, length op)
STI’s - HIV and genital herpes included
s18 OAP - Wounding with Intent
ind - life
unlawfully and maliciously wound or cause GBH with intent to do some GBH or with intent to resist/prevent the lawful apprehension/detention of any person.
Lawfulness of arrest must be proved by the prosecution.
Def cannot use defence of BELIEVING arrest unlawful but can raise mistaken belief being attacked as a defence
No specific racial or religious agg circs to s 18 but judge must KIV when sentencing.
s38 OAP Assault with intent to resist arrest
e/w 2 yrs
Arrest must be lawful. Def can resist arrest of self or another.
A mistaken belief as to ones own innocence is NOT defence.
s89 Police Act 1996 - Assault PC
summary / 6 mths
or person assisting PC in execution of duty
If def assaults custody officer and arrest found out to be unlawful still = assault.
s89 Police Act 1996 Obstruct Police
summary / 1 mth / fine
A person who resists or willfully obstructs a constable in the execution of his duty
eg warning others of speed check operation if persons being warned were speeding/about to speed
deliberately providing misleading info
drinking b4 breath test
obstruction must be willful
silence not obstruction unless under some duty to respond
Common law offence of refusing to assist PC in order to prevent BOP when asked to do so.
s16 OAP Making a Threat to Kill
e/w 10 yrs / 6 mths / fine
w/out lawful excuse makes threat intending another would fear kill that or another person.
Passing on threat from a third party would not be required mens rea (3rd party would still be guilty)
Cannot threaten to kill child in womb but can if threaten to kill it when born.
Assault PC incl store detectives
Cannot use lawful chastisement for s47 or above
Obstruct emergency workers 2006 Act incl responding to, preparing for and enroute to incidents.
includes threats to life and serious harm to environment.
Assaults are concerned with subjective recklessness - ie belief of defendant.
incl maliciousness
KIV Objective recklessness is view of reasonable person
