Non-fatal offences

Question 1

Assault

Answer 1

An act where D intentionally or recklessly causes another person to apprehend immediate unlawful personal violence

Question 2

Mental elements of assault

Answer 2

D - Intention or recklessness as to causing apprehension of immediate unlawful violence.
V - Must think violence is going to happen
Don’t have to be in fear, just think its going to happen
If D wasn’t looking then they can’t have apprehended violence

Question 3

Words

Answer 3

Words alone are sufficient - verbal or written
Even silence may be enough
Conditional threats may be enough - if you don’t cross the road I’ll punch you
Hypothetical threats are NOT enough - if police weren’t here I’d punch you

Question 4

Immediate

Answer 4

Not defined.
Elastic definition.
Must be very close.
Not several hours later. 
Threat made outside a house where V was inside has been sufficient.
Violence in a minute or 2 may be enough

Question 5

Battery

Answer 5

D intentionally or recklessly inflicts unlawful force on another.
Requires physical contact - can be a small degree.
Can be applied indirectly e.g. attacking mother causing her to drop baby was 2 batterys

Question 6

Transferred malice

Answer 6

Sometimes mens rea can be transferred from original target to another
But must be the same nature of offence
E.g. 
Assault to assault - allowed
Assault to criminal damage - not allowed

Question 7

Common assault - s39

Answer 7

s39 Criminal Justice Act 1988
Summary
An assault or battery in which no injury is caused.
In practice it is an assault with no injury or injuries which are not serious in nature e.g. grazes, scratches, minor bruises, swellings etc.

Question 8

Assault defences

Answer 8

Consent
Lawful chastisement
Self defence
Legal right or duty

Question 9

Consent

Answer 9

For assault force must be unlawful, it won’t be unlawful if D consented
2 questions about consent -
Did V consent to what was done?
If so, do public policy considerations invalidate that consent?
E.g.
Tattoos and piercings
Sports - law recognises you sometimes consent to fouls but not deliberately late ones or those intended to cause harm. Also acknowledges things may happen in the heat of the moment that are not criminal, court should objectively consider the type of sport, level, act itself, circumstances and state of mind of D etc.
Medical procedures - fraud will only negate consent if D is dishonest about name and nature of act
Sadomasochism - can consent to assault as long as there is no more than transient and trifling injuries but can’t consent to ABH or higher - confirmed in s71(2) Domestic Abuse Act 2021.

Question 10

Lawful chastisement

Answer 10

s58 Children Act 2004
Parent can use reasonable force in controlling behaviour of child but only if the injury amounts to no more than reddening of the skin and is transient and trifling.
Only for controlling behaviour, not in anger
So defence for common assault but not ABH +

Question 11

Legal right or duty

Answer 11

Common law - self defence
s3 criminal law act - reasonable force for preventing crime or effecting or assisting in the arrest of offenders/suspected offenders or persons unlawfully at large
Police officers using s117 PACE

Question 12

ABH

Answer 12

s47 Offences Against the Person Act 1861 (OAPA)
Either way
Offence for D to assault occasioning actual bodily harm
Mens rea - same as assault, intention or recklessness
ABH needs no explanation - any harm to their body
Injury must be more than transient and trifling
Can include psychiatric injury
Can include cutting someone’s hair
Can include momentary loss of consciousness but no actual injury

Question 13

GBH - s20

Answer 13

s20 OAPA 1861
Either way
Unlawfully and maliciously wounding or inflicting any grievous bodily harm
Mens rea - intention or recklessness as to some harm being caused.
Don’t have to intend to cause that level of harm.
Very serious harm.
Wound - breaks all layers of the skin, doesn’t have to be big.
Includes broken bones (except nose which is ABH).

Question 14

GBH - s18

Answer 14

s18 OAPA 1861
Indictable
Unlawfully and maliciously wounding or causing any grievous bodily harm with intent or intent to resist or prevent the lawful apprehension/detention of any person.
Mens rea - intent to cause GBH (recklessness is NOT enough) or intent to resist/prevent arrest (your own or anothers)
Same level of harm as s20.

Question 15

Transmitting STIs

Answer 15

Can amount to s18 or s20.
Deliberate infection of another with HIV or genital herpes can be GBH.
V must be aware of it to give informed consent, D doesn’t necessarily have to disclose it, V may become aware through a third party of circumstances e.g. seeing D in hospital having treatment for it.

Question 16

Assault with intent to resist arrest - s38

Answer 16

s38 OAPA 1861
Either way
It is an offence to assault any person with intent to resist or prevent the lawful apprehension or detention of himself or another.
Can apply to police or members of public making arrest.
Arrest must be lawful.
Mens rea - intention to resist/prevent arrest.
Irrelevant whether D committed the offence he’s being arrested for

Question 17

Assault on an emergency worker - s1

Answer 17

s1 Assaults on Emergency Workers (Offences) Act 2018
Either way
Common assault or battery that is committed against an emergency worker in the exercise of their functions as such worker.
PCs, detention officers, paramedics, prison officers, NHS staff etc.
Have to be acting the the course of their employment.
Don’t have to be responding to an emergency at the time.
Don’t have to be in uniform.

Question 18

Obstructing a police officer - s89

Answer 18

s89 Police Act 1996
Summary
D resists or wilfully obstructs a constable in the execution of his duty or a person assisting a constable in the execution of his duty.
Resists - some form of physical opposition.
Wilful - D intended to resist/obstruct.
Obstruction - makes it more difficult for constable to carry out his duty.
E.g. warning other drivers of speed camera, providing misleading info.
Refusing to answer questions is not obstruction unless D was under a duty to provide information.

Question 19

Assault police - s89

Answer 19

s89 Police Act 1996
Summary
D assaults a constable in the execution of his duty or a person assisting a constable in the execution of his duty.
Constable must have been acting in lawful execution of his duty at the time of the assault.
No need to show D knew or suspected they were a police officer.

Question 20

Threats to kill - s16

Answer 20

s16 OAPA 1861
Either way
D who without lawful excuse, makes a threat to another, intending that the other would fear it would be carried out, to kill them or a third person.
Threat can be communicated in any way.
D must intend V to believe it - it doesn’t matter if V actually believed it.
Threat can be for future event.
Doesn’t have to be threat to kill that person, can be family member or other person.
Cannot threaten to kill an unborn baby, but can threaten to kill the baby after its born.
Mens rea - intention only