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criminal law – academic > Non-fatal offences (Assaults) > Flashcards

Non-fatal offences (Assaults) Flashcards

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1
Q

What is the hierarchy of non-fatal offences from most to least serious?

A
  1. Wounding or GBH with intent (s18) (indictable)
  2. Wounding or GBH (s20) (EW)
  3. Assault occasioning ABH (s47) (EW)
  4. Battery (summary)
  5. Assault (summary)
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2
Q

What is simple assault?

A

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

Apprehend = V believes D will use violence against them

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3
Q

Do you need to make physical contact with V for assault?

A

No touching nor applied force requried

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4
Q

What is the AR of assault?

A

Causing victim to apprehend immediate and unlawful personal violence

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5
Q

What does apprehension mean for the AR of assault?

A
  • Make victim expect - not necessarily fear - personal violence
  • Words alone and silence is enough (R v Burstow –D harrassed a woman for 8 monhts with silent phone calls and offensive cards)
  • Words can negate assault (‘if it were not assize time, I would not take such language from you’)

Lamb - one teen shoots another dead, both thought was safe - no assault as V did not fear infliction!

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6
Q

Must D actually have the means to carry out the threat?

E.g. using replica gun to threaten somebody

A

No - means are irrelevant if apprehension is caused

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7
Q

What does immediate, unlawful, and personal violence mean for the AR of assault?

A
  • Immediate = immediate future/imminent (but not instantaneous)
  • Unlawful = not done in self-defence/with consent
  • Personal violence = anticipates physical force/violence (not psychological)

‘Personal violence’ can be an unwanted touch

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8
Q

What of conditional threats? Do they satisfy AR of assault?

A

Law takes the view that unjustified restrictions on personal liberty are unwarranted –therefore conditional threats can lead to liability provided it satisfies the immediacy requirement

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9
Q

What is the MR of assault?

A

Intention or reckless as to causing V to apprehend immediate unlawful personal force

Intention = D’s aim or purpose
Recklessness = risk their actions will cause victim to apprehend and it was unreasonable to take risk in circumstances known to D (subjective)

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10
Q

Summary of Assault

A
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11
Q

What is battery?

A

The actual intended or reckless use/application of unlawful force to another person without consent

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12
Q

What is the AR of battery?

A

Infliction of unlawful force on another

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13
Q

Must applicationof battery be direct, indirect or an omission re AR?

A

All 3– can be:

  • Direct (hitting with weapon)
  • Indirect (digging a pit which V falls into/placing an obstacle in V’s path)
  • Omission (police officer searching pockets and finger is pierced by hypodermic needle)
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14
Q

What will not count as unlawful force under AR of battery?

A

Inevitable everyday contact e.g. jostling in supermarket, underground etc.

Does not cover grabbing people

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15
Q

What degree of force or hostility is necessary for the AR of battery?

A

The merest of touch however slight can amount to battery; does not have to be hostile or aggressive

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16
Q

Will touching someone’s clothes count as force?

A

Yes

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17
Q

What happens if battery results in harm more than trivial?

A

Liable for s47 offence (assault occasioning ABH)

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18
Q

What is the MR for battery?

A

Intentionally or recklessness applying unlawful force on another person

ie: D must have intended or foreseen the actual infliction of force, not just V’s apprehension to it

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19
Q

What is the maximum penalty for battery?

A

6 months in prison and/or £5,000 fine

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20
Q

Example of assault and battery

A
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21
Q

What is the maximum sentence for assault occasioning ABH (s47)?

Either way offence!

A

Imprisonment for no longer than 5 years

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22
Q

What is the AR for s47?

A

Simple assault or battery that causes ABH occasioning ABH

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23
Q

What does assault mean in AR of s47 and what must be established?

A
  • Means assault or battery; AND
  • Harm must be caused to the victim
  • AR and MR of either must be established
24
Q

What does actual bodily harm mean under AR of s47?

A

Any hurt/injury calculated that interferes with health/comfort of the victim - not serious or permanent but more than transient and trifling

Not so trivial as to be wholly insignificant

Bruises and swelling suffices!

25
Q

What does ‘more than transient and trifling’ under ABH include?

A
  • Momentary loss of consciousness
  • Cutting hair off (still part of body!)
  • Giving a victim a split lip
  • Licking leg causing swelling
  • Stabbing requiring stitches
  • Psychiatric injury (but not mere emotions – must be, for example, anxiety, neurosis, depression
26
Q

What does not suffice to satisfy the AR of ABH?

A
  • A very small bruise
  • Minor scratch
  • Red mark on skin (from a slap)
  • A panic attack
  • Strong emotions (eg: rage, extreme fear or distress)
27
Q

What is the MR for s47?

A

MR for assault or battery = intention or recklessness as to:

  • Assault = causing V to apprehend immediate and unlawful personal violence; or
  • Battery = applying unlawful force upon another
28
Q

What is the MR for the ABH?

A

Not required! Only MR for assault or battery is required for s47 –no need to show that D intended to cause harm

29
Q

What will, therefore, the prosecution have to prove for MR of ABH?

A

D hit/hurt the victim deliberately or recklessly

30
Q

Summary of ABH

A
31
Q

What two offences are created by s20?

Either way offence!

A
  1. Malicious wounding
  2. Maliciously inflicting GBH
32
Q

What is the maximum punishment for s.20?

A

Maximum 5 years imprisonment (same as ABH)

33
Q

What is the AR for s20?

A

Unlawfully wounds or inflicts GBH

34
Q

What does grievous bodily harm mean under s20 AR? Does it include more than physical injuries?

A

GBH = Really serious harm, which should be given its ordinary meaning

  • Can include psychiatric injury if sufficiently serious and proved by expert evidence
35
Q

Examples of GBH

A
  • Fractured skull
  • Internal injuries
  • Broken limbs
  • Disfigurement
  • Serious psychiatric injury
  • Giving someone HIV
36
Q

Can the jury consider the effect of injuries on the particular victim (taking age height etc into account)?

A

Yes

37
Q

What is the difference between wounding and inflicting in s20 AR?

A
  • Wounding = a break in continuity of both layers of skin however serious (e.g. rupture of internal blood vessels not enough)

So technically a minor cut breaking both layers is enough for s.20!

  • Inflicting = causing - can be infliction without assault being committed which causes, for example, psychological injury
38
Q

Examples of what does and does not constitute wounding

A
  • Cut of any size or severity
  • A scratch that draws blood
  • A cut inside the mouth

BUT NOT
* Bruising or internal bleeding
* A rupture of blood vessels in the eye

39
Q

Will multiple cuts on their own amount be seen in isolation and therefore not very serious?

I.e. serious enough to be GBH

A

Multiple cuts taken together could amount to serious harm

Must consider effect of injuries on V as well as age/health

40
Q

What is the MR for s20? What degree of harm is necessary?

A

D must intend or be reckless as to the causing of some harm

41
Q

Must the D have foreseen the physical harm as described in s20 i.e. really serious?

A

No - enough they foresaw some physical harm albeit minor

42
Q

What two offences are created by s18?

Indictable only!

A
  1. Maliciously wounding with intent to cause GBH; and
  2. Maliciously inflicting GBH with intent to cause GBH
43
Q

What is the maximum punishment for s.18?

A

Life imprisonment

44
Q

What is the difference between s20 (wounding or inflicting GBH) and s18 (wounding or causing GBH with intent) re AR and MR?

A
  • AR exactly the same (wounding = break of skin / infliction = cause)
  • MR - D must intend (directly or obliquely) to cause harm which amounts in law to GBH (serious harm)
45
Q

What is the AR for s.18?

A

Unlawfully wounding or causing GBH to a person – no infliction, only cause!

46
Q

What injuries would come under GBH?

A

Wound - breaking of both layers of skin
GBH
* Permanent loss of sensory function
* Permanent disability
* Broken bones
* Fractured skull
* Substantial blood loss

47
Q

What is the MR of s.18?

A
  1. Intent to cause GBH; or
  2. Intent to resist or prevent the lawful apprehension or detention of any person, coupled with intention to cause GBH
48
Q

Is recklessness enough under s18?

A

No, direct or oblique intention is needed

49
Q

What is the only exception for recklessness under s.18?

A

If their ulterior intent was to resist or prevent arrest of another person –> ie if a police officer is the victim!

Eg: PC Gore arrests Tracy. In an effort to escape, she lashes out and causes a deep scratch on his face. MR - Tracey did noto intend to cause GBH but was reckless as to this

50
Q

Are intention and recklessness the MR for every non-fatal offence?

A

All except s18 - wounding or GBH with intent

51
Q

All ARs and MRs

A

Assault

  • AR = causing someone to apprehend unlawful and immediate personal violence
  • MR = intention or recklessness

Battery

  • AR = Infliction of unlawful force on another person
  • MR = intention or recklessness

**S47 (assault occasioning ABH)
**
* AR = assault or battery (occasioning ABH)
* MR = intention or recklessness as to assault or battery

**S20 (wounding or inflicting GBH)
**
* AR = wounding or infliction of GBH
* MR = intention (malicious) or recklessness as to causing some harm

S18 (wounding or inflicting GBH with intent)

  • AR = wounding or infliction of GBH
  • MR = intention to wound or inflict GBH OR
  • Intention or recklessness as to ABH + intent to resist/prevent an arrest
52
Q

Can consent be used as a defence for simple assault and battery?

A

Yes

53
Q

What about the other 3 offences? If so, which one(s)?

A

General rule: Consent is NOT available to any assault where harm is intended or caused

54
Q

What are the recognised exceptions?

A
  1. Surgery, operations, medical examinations
  2. Dangerous exhibitions
  3. Sports (provided it is properly conducted)
  4. Ear-piercing and tattoos
55
Q

What can you NOT consent to?

A
  1. Sado-masochism
  2. Body modifications (splitting tongue/nipple removal)
56
Q

What must exist for consent to be valid?

A

When given freely by a fully informed and competent adult

57
Q

When is consent not valid?

A

If obtained by fraud as to the identity of D or the nature / quality of the act

Eg: A agrees to a breast examination by B. However, B is not a medical professional and does so for his own sexual gratification.

criminal law – academic (7 decks)

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