Non-fatal OAP And Sexual offences Flashcards
What does the term assault encompass
Technical assault and battery
What is technical assault
D does act which causes V to apprehend the immediate application of unlawful violence
D intends or foresees (reckless) V will apprehend
What is battery
An act or omission involving physical contact between D and V
D intends or foresees contact with V
Can be indirect
Not necessarily any harm to V
What is a defence to assault and battery
Consent:
Freedom
Capacity
Sufficient understanding of nature of act proposed
S47 OAPA 1861
ABH- assault (assault or battery) occasioning ABH
MR for assault or battery
What is ABH
Any hurt or injury calculated to interfere with health and comfort of V
Includes phychatric conditions but not emotions
S20 OAPA 1861
GBH
Wound of inflict GBH with intention to cause some harm
What is wounding
Breaks both layers of skin
Doesn’t need to be serious
What is GBH
Serious injury
Doesn’t need to be permanent
Could be psychiatric
S18 OAPA 1861
4 ways to commit offence:
Wound with intend to cause GBH
Wound with foresight of some harm and intent to resist arrest
Cause GBH with intent to cause GBH
Cause GBH with foresight of some harm and intent to resist arrest
What does protection from harassment act 1997 prohibit
Where D follows a course of conduct which D knows or a reasonable person with same info would know would cause alarm, distress or fear to V
S2- harassment incl alarming or causing distress
S2A - harassment through stalking
S4- outing people in fear of violence
S4A - stalking with fear of violence or serious alarm or distress
S76 serious crime act 2015
Controlling or coercive behaviour in an intimate family relationship
Racial or religious aggravation
Which offences can this give a harsher sentence to
Assault, battery, s47 OAPA, s20 OAPA, or s2 and s4 Protection from harassment act
When can you assume V did not consent
When D intentionally decieved V as to nature or purpose of act or impersonated person known to V
A lie is not enough
Is consent relevant to under 13 year olds
No liability is strict and consent is irrelevant
What must be proved by P for all sexual offences
D did not reasonably believe that V consented
D needs a good reason for thinking V consented
What won’t be considered when determining if D had a reasonable belief that V consented
Ds background or mental disorder
When is an act sexual
When a reasonable person it so due to nature and/ or circumstances
When can we assume V did not consent unless D can prove otherwise
Violence
V was detained and D was not
Unconscious or asleep
Cant communicate consent due to physical disability
Forced to take substance to overpower and D knew
Rape
D penetrates with P the VAM
V doesn’t consent
V intends to penetrate and doesn’t reasonably believe V consents
Rape of U13
Consent irrelevant
D penetrates with P the VAM
V is under 13
D intends to penetrate
Assault by penetration
D penetrates V or A with his body, her body or anything else sexually
V doesn’t consent
D intends to penetrate and doesn’t reasonably believe v consented
Sexual assault
D touches v sexually
V doesn’t consent
D intends to touch and doesn’t reasonably believe v consented
Sexual activity with a child over 13
Consent irrelevant
D is over 18 and touches v sexually who is 15 or younger
D intended to touch
D lacks reasonable believe that v is 16 or older
Causing sexual activity
D causes v to engage in sexual activity
B doesn’t consent
D intends to cause v to engage and doesn’t reasonably believe v consents
Sexual assault of child under 13
Consent is irrelevant
D touches V sexually
V is under 13
D intends to touch v
Assault by penetration of child under 13
Consent is irrelevant
D penetrates V or A of V with part of his or her body or anything else and v is under 13
D intends to penetrate
Sexual activity with child family member
Consent is irrelevant
D touches v sexually
V is related to d and v is under 18
D intends to touch
D is reasonably expected to know is related
D lacks reasonable belief v is 18 or over
What is a relation for the sexual offences
Parent, grandparent, brother, sister, half brother, half sister, aunt, uncle, foster parents past or present
Sex by penetration of an adult relative
D is aged 16 or older and penetrates Vs V or A with any body part or object or
Penetrates Vs m with his P sexually
V is aged 18 or over
V and D are related
D intends to penetrate
D is reasonably expected to know they are related
Sex by penetration of an adult relative - opposite offence when v becomes D because V allows it
R is aged 18 or over and penetrates Vs V or A with any body part or object or
Penetrates Vs m with his P sexually
D consents and is reasonably expected to know they are related
Assault
common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine
battery
common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine
ABH
s47 OAPA - either way - max 5 years prison
malicious wounding or GBH
s20 OAPA - either way - max 5 years prison
wounding or causing GBH with intent
S18 OAPA - indictable only - life prison max
what is required for s47 ABH
assault or battery causing ABH so causation needed
what is ABH
any hurt or injury calculated to interfere with health or comfort of V. need not be serious but also not trifling.
can mental harm be ABH
yes with evidence but not just strong emotions
MR for ABH
intention or recklessness as to assault or battery (not ABH)
what is included in common law assault
technical assault/ simple assault
and
physical assault/ battery
can silence be assault
yes but might need a pattern eg silent phone calls
apprehension of unlawful force - assault
this must be immediate. enough that it could occur immediately eg text message or conditional threats.
can contact for battery be indirect
yes could be by throwing something or placing something in their way
what is GBH
really serious harm
what is wounding
breaking both layers of skin to cause bleeding (not internal bleeding or bloodshot eyes)
does a wound have to be serious
no
what is the MR for s20 wounding or GBH
malicious - intention or recklessness as to causing some bodily harm (ABH) (not GBH)
what does malicious mean
intention or recklessness as to causing some bodily harm (ABH) (not GBH)
4 ways that s18 OAPA can apply
wound with intent to GBH
GBH with intent to GBH
wound with intent to resist or prevent arrest
GBH with intent to resist or prevent arrest
