Non-fatal Offences against the person 1+2 Flashcards
How are non-fatal offences structured in terms of severity?
They are arranged as a “ladder of harm,” progressing from least to most serious in terms of harm caused and corresponding penalties
Are assault and battery statutory or common law offences?
They are common law offences but are chargeable under s39 of the Criminal Justice Act 1988
Where are assault and battery tried, and what is the maximum penalty?
They are summary-only offences, tried in the Magistrates’ Court, with a maximum sentence of six months’ imprisonment or a fine
What is the key legal distinction between assault and battery?
- Assault: Causing someone to apprehend imminent unlawful force.
- Battery: The actual infliction of unlawful force.
Is physical contact necessary for assault?
No, it is based on apprehension of force rather than actual contact
Name a key case that established words alone can constitute assault.
Ireland; Burstow [1998] – Silent phone calls caused psychological harm
What is the mens rea for assault?
Intention or recklessness as to causing the victim to apprehend imminent unlawful force (Venna [1975])
Must the force in battery be violent or harmful?
No, even minimal or indirect force suffices
Name a case where touching someone’s clothing was held to be battery.
Thomas [1985] – Touching a person’s clothing was enough for battery
Can an omission constitute battery?
Yes, if there is a duty to act (DPP v Santana Bermudez [2003])
What is meant by “actual bodily harm”?
Harm that is more than trivial but need not be serious (Chan-Fook [1994])
Can psychological harm amount to ABH?
Yes, if it is a recognized medical condition (Ireland; Burstow [1998])
What are the two ways to commit an offence under s20 OAPA 1861?
- Malicious wounding, OR
2, Malicious infliction of grievous bodily harm (GBH)
What is meant by “wounding” under s20?
A break in the skin, including internal injuries (Moriarty v Brookes [1834])
What is the definition of GBH?
Really serious harm (DPP v Smith [1961])
What makes s18 OAPA 1861 more serious than s20?
It requires specific intent to cause really serious harm
What is the mens rea of s18 GBH?
Intention to cause GBH or resist lawful arrest
What is the maximum sentence for s18 OAPA 1861?
Life imprisonment
What are the 3 key principles of consent as a defence
1) Actual consent negates unlawfulness
2) Belief in consent (even if mistaken) may suffice
3) Consent must be express or implied and effective
When is consent not valid?
If the victim lacks capacity or is unaware of critical facts
Give an example of ineffective consent due to lack of capacity.
Burrell v Harmer [1967] – Minors could not give valid consent to tattoos
When does fraud vitiate consent?
When it relates to the nature or purpose of the act, not just identity (Tabassum [2000])
In what situations is consent to serious harm allowed?
- Rough horseplay (Jones [1986])
- Contact sports (Barnes [2004])
- Body modifications (Wilson [1996])
Can consent be a defence in sadomasochistic activities?
Generally, no, unless the harm is minor (Brown [1993])
