Non - Fatal Offences

Question 1

What is the definition of assault?

Answer 1

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

Fagan v Metropolitan Police Commissioner [1969] 1 QB 439; R v Ireland; Burstow [1998] AC 147.

Question 2

What is the actus reus of assault?

Answer 2

Causing the victim to apprehend immediate and unlawful personal violence.

Question 3

What does ‘apprehension’ mean in the context of assault?

Answer 3

To make the victim expect or anticipate immediate and unlawful personal violence, but not necessarily fear it.

Contrast R v Lamb and R Logdon.

Question 4

Can words alone constitute an assault?

Answer 4

Yes, words alone and silence can be sufficient to constitute an assault.

R v Ireland; Tuberville v Savage.

Question 5

What does ‘immediate’ mean in the context of assault?

Answer 5

‘Immediate’ does not mean instantaneous; it can refer to some time not excluding the immediate future.

R v Constanza.

Question 6

What is meant by ‘unlawful’ in assault?

Answer 6

The act is not done in self-defense or with the victim’s consent.

Question 7

What constitutes ‘personal violence’ in assault?

Answer 7

All the victim has to anticipate is an unwanted touch.

Question 8

What must the defendant do to cause apprehension in the victim?

Answer 8

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

Question 9

What was the outcome of R v Lamb [1967]?

Answer 9

No assault occurred because the victim did not fear violence; he believed the gun was not capable of firing.

R v Lamb [1967] 2 QB 981 (CA).

Question 10

What does Logdon v DPP [1976] signify about assault?

Answer 10

If the victim is caused to apprehend a threat, it is irrelevant whether the defendant can actually carry it out.

Question 11

What did Lord Goddard state in R v Wilson [1955]?

Answer 11

The words ‘get out the knives’ would be sufficient to constitute an assault on their own.

Question 12

What was concluded in R v Ireland; Burstow [1998] regarding silence?

Answer 12

Silence can convey a message and may form the basis of an assault.

Question 13

How can words negate an assault?

Answer 13

In Tuberville v Savage, the defendant’s words implied no physical action would be taken, negating the assault.

Question 14

What does ‘immediacy’ refer to in assault cases?

Answer 14

The courts interpret ‘immediate’ to mean apprehension of personal violence at some time not excluding the immediate future.

R v Constanza.

Question 15

When is the application of force considered lawful?

Answer 15

When it is done in self-defense or with the victim’s consent.

Question 16

What did the Court of Appeal suggest about ‘violence’ in Ireland?

Answer 16

Violence could include a threat of psychological harm, but it was rejected by Lord Hope.

Question 17

What is the mens rea for assault?

Answer 17

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

Question 18

What is meant by ‘basic intent crime’ in assault?

Answer 18

Assault can be committed intentionally or recklessly.

Question 19

What constitutes recklessness in assault?

Answer 19

Seeing a risk that actions will cause the victim to apprehend immediate and unlawful personal violence and unreasonably taking that risk.

R v G.

Question 20

What did R v Savage; Parmenter confirm about recklessness?

Answer 20

Subjective recklessness must be established for any assault charge based on recklessness.

Question 21

What is the actus reus of battery?

Answer 21

Application of unlawful force on another.

Battery can be inflicted directly, indirectly, or by an omission.

Question 22

How can battery be inflicted directly?

Answer 22

Through any touching however slight (Collins v Wilcock).

Question 23

How can battery be inflicted indirectly?

Answer 23

For example, pouring acid in a hand drier which people later use (R v Martin, DPP v K).

Question 24

Can battery be committed by omission?

Answer 24

Yes, as illustrated in Santana Bermudez.

Question 25

What does ‘unlawful’ mean in the context of battery?

Answer 25

It means the battery isn’t done in self-defense or with the victim’s consent.

Question 26

What is meant by ‘force’ in battery?

Answer 26

The merest of touch is sufficient (Collins v Wilcock) and does not have to be rude, hostile, or aggressive (Faulkner v Talbot).

Question 27

What is the mens rea for battery?

Answer 27

Intention or recklessness as to applying unlawful force on another person (R v Venna).

Question 28

What constitutes actual bodily harm (ABH)?

Answer 28

It includes any assault or battery that results in harm more than transient and trifling (R v Donovan).

Question 29

What is the legal definition of grievous bodily harm (GBH)?

Answer 29

It refers to ‘really serious harm’ (DPP v Smith).

Question 30

What is the actus reus for GBH under OAPA 1861, s 20?

Answer 30

Wound or infliction of grievous bodily harm.

Question 31

What is the mens rea for GBH under OAPA 1861, s 20?

Answer 31

The defendant must intend or be reckless as to causing some harm.

Question 32

What is the distinction between s 20 and s 18 of OAPA 1861?

Answer 32

Under s 20, it is enough to intend or foresee some harm; under s 18, the defendant must intend to cause grievous bodily harm.

Question 33

What are examples of injuries classified under Section 47?

Answer 33

Temporary loss of sensory function, extensive bruising, cutting someone’s hair without consent, minor fractures, psychiatric injury beyond trivial.

These injuries must be more than transient and trifling.

Question 34

What are examples of injuries classified under Section 20 and Section 18?

Answer 34

Permanent loss of sensory function, broken bones, substantial blood loss, and wounds breaking both layers of skin.

These injuries are considered grievous bodily harm.

Question 35

What is the mens rea of ABH

Answer 35

Mens rea for the assault or the battery. (No MR required for the actual bodily harm)
Intent or recklessness as to:
causing the victim to apprehend immediate and unlawful personal violence; or
applying unlawful force upon another.

Question 36

Can the AR of ABH be caused by an omission

Answer 36

Yes

Question 37

What offences is cutting off hair

Answer 37

ABH

Question 38

Does ABH include psychiatric injury

Answer 38

Yes - Needs to be a clinical condition not just fear, distress or panic