Non-fatal offences

Question 1

What are the non-fatal offences?

Answer 1

Assault - the least serious offence but along with battery committed most frequently

Battery

Assault occasioning actual bodily harm (s47)

Wounding or inflicting grievous bodily harm (s20)

Wounding or causing grievous bodily harm with intent (s18)

Question 2

Elements of assault

Answer 2

When the victim anticipates the defendant will use violence against them (no touching occurs)

Actus Reus: Causing the victim to apprehend immediate and unlawful personal violence

Mens Rea: Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence

Question 3

Assault: actus reus

Answer 3

Apprehension:
- means to make the victim expect or anticipate but not necessarily fear immediate and unlawful violence
- words alone and silence is enough
- words can however negate an assault

Immediate:
- Does not mean instantaneous but some time not excluding the immediate future or imminent

Unlawful:
- not done in self-defence or with the victim’s consent

Personal violence:
- All the victim has to anticipate is an unwanted touch

Question 4

Assault: apprehension

Answer 4

The defendant must do something to make the victim apprehend they will suffer immediate and unlawful personal violence.

No need for the defendant to have actually applied force or make physical contact for the offence to be committed.

Some words or physical movement from the defendant, causing the victim to think that they are about to be struck would be sufficient.

Defendant must cause the victim to believe they can and will carry out the threat of force.

If the victim is caused to apprehend such a threat that the defendant does not in fact have the means to carry out that threat.

Question 5

Assault: immediate

Answer 5

Does not have to be instantaneous.

Enough to think could happen at any time (not excluding the immediate future). e.g. phone caller R v Ireland case - phoning and staying silent could lead to fear that the caller’s arrival at her door may be imminent.
- Man looking though window into bedroom and pressing face against the glass - even if victim does not know what the defendant is going to do next, fearing immediate violence holds

Question 6

Assault: Personal violence

Answer 6

The victim must apprehend physical violence.

Question 7

Assault: Mens Rea

Answer 7

Where the defendant intends or is reckless as to causing the victim to apprehend immediate unlawful personal violence.

• Assault is a basic intent crime meaning it can be committed intentionally or recklessly
• A defendant intends assault if it was D’s aim or purpose

A defendant is reckless as to an assault if they:
- see a risk that their actions will cause the victim to apprehend immediate and unlawful personal violence; and
- in the circumstances known to D it was unreasonable to take that risk

Question 8

Battery

Answer 8

Defendant touches the victim in an unwanted fashion

Actus reus: application of unlawful force

Mens rea: intentionally or recklessly applies unlawful force

Question 9

Battery: Actus reus

Answer 9

Application: battery can be inflicted
- directly
- indirectly
- by an omission

Unlawful:
- Means that the battery isn’t done in self-defence or with V’s consent
- Consent can be express or implied consent to inevitable everyday contact

Force:
- Means the merest of touch and doesn’t have to be rude, hostile or aggressive
- Touching someone’s clothes is enough
- Where battery results in harm which is more than trivial, the defendant will be liable for more serious offences.

Question 10

Force

Answer 10

Any touching of another person, however slight may amount to battery.

Touching another person’s clothes while they are wearing them is equivalent to touching them.

Application of force need not be aggressive or hostile.

An omission can constitute force - creating a danger and failing to avert it CAN lead to battery (told officer he didn’t have any needles on him and she ended up being punctured by one)

Question 11

Direct/indirect force

Answer 11

Hitting someone with a weapon or throwing something at someone is a direct application of force.

Indirect: digging a pit and V falls in or turning lights off in a crowded room causing panic, pouring acid into a hand dryer, water from a bucket

Question 12

Force must be unlawful

Answer 12

Contact can be justified.

A certain amount of contact must be accepted to move around in society eg on the underground.

Consent can also make the application of force lawful.

Question 13

Mens rea of battery

Answer 13

Intention or recklessness as to applying unlawful force on another person.

Question 14

Assault occasioning actual bodily harm

Answer 14

Actus reus:
- Assault: meaning assault or battery
- Occasioning (normal principles of causation)
- Actual bodily harm

Mens Rea:
Mens rea for the assault or the battery. Intent or recklessness as to:
- causing the victim to apprehend immediate and unlawful personal violence
- applying unlawful force upon another

Question 15

s47: Assault

Answer 15

There must be either an assault or battery.

BOTH the actus reus and mens rea of either an assault or battery must be established.

Question 16

s47: Occasioning

Answer 16

Assault or batter must ‘occasion’ actual bodily harm.

Means the assault or battery must result in actual bodily harm being caused to the victim.

Can also be committed through an omission (needle case)

Question 17

s47: actual bodily harm

Answer 17

Said to include ‘any hurt or injury calculated to interfere with the health or comfort’ of the victim. It was said that the hurt need not be serious or permanent but must be more than transient and trifling.

• momentary loss of consciousness counts
• cutting of ex girlfriends pony tail
• can include psychiatric injury - must be some identifiable clinical condition

Question 18

s47: Mens rea

Answer 18

All that is required is the mens rea for assault of battery

Question 19

s20: Malicious wounding or inflicting grievous bodily harm

Answer 19

Actus reus:
- Wound; or
- Infliction of grievous bodily harm

Mens rea:
D must intend or be reckless as to the causing of some harm.

Question 20

Actus reus: wound

Answer 20

Must be a break in both layers of the skin - any breaking of the skin will suffice.

Normal rules of causation apply

Question 21

Actus reus: infliction of grievous bodily harm

Answer 21

Must CAUSE GBH.
No need for an assault to take place.

• If sufficiently serious and effect proved by expert evidence, psychiatric evidence can amount to GBH
• Means ‘really serious harm’ or ‘serious harm’
• should consider the effect of the injuries on the victim and take into account the victim’s age and health.
• Jury can also look at the totality of the injuries (cuts and bruises on their own may not be enough but are as a total)

Question 22

s 20: mens rea

Answer 22

Must have intended or be reckless as to causing some harm.

Question 23

s18: wounding or causing grievous bodily harm with intent

Answer 23

Actus reus:
- wound; or
- causing grievous bodily harm

Mens rea:
D must intend to cause grievous bodily harm

Question 24

s18: Actus reus

Answer 24

Wound:
Bears the same meaning as under s20 so there must be a break in the continuity of both layers of the skin. Both the dermis and epidermis must be broken. Any breaking of the skin will suffice.

Causing:
Normal rules of causation

Grievous bodily harm:
‘Serious harm’

Question 25

s18 Mens rea

Answer 25

Defendant must actually intend to cause harm which amounts in law to grievous bodily harm (serious harm).
Recklessness is not enough. (intent to wound is not enough either - must intend serious harm).

Intention can be direct or oblique.
Not entitled to find oblique intent unless they feel sure:
- serious injury was a virtual certainty as a result of the defendant’s action; and
- the defendant appreciated that.

Question 26

Examples of s47 injuries

Answer 26

• Temporary loss of sensory function
• temporary loss of consciousness
• extensive bruising
• cutting someone’s hair without their consent
• minor fractures
• psychiatric injury that is more than trivial - beyond mere fear, distress or panic

Question 27

Examples of GBH

Answer 27

• Permanent loss of sensory function
• Permanent disability
• Broken bones
• Fractured skull
• Substantial blood loss