Non-fatal offences against the person

Question 1

What type of offence is Assault or Battery?

Answer 1

Common law, however has some statutory aspects eg CJA 1988 s39 downgrading them from TEW to summary offences but did not define them.

Question 2

What is the definition of assault/Technical assault?

Answer 2

Conduct by D which causes the victim to apprehend the infliction of some immediate, unlawful force, eg aiming a kick or menacing gesture

Question 3

What ist he actus reus of Assault?

Answer 3

a) an Act
Some acts or words are required - It can be by acts, gestures, words or silence
eg Ireland 1997, Constanza 1997 + Wilson 1995

b) Which causes V to apprehend infliction of immediate or unlawful force - V must expect personal violence or force (touching), need not be frightened.

Fear/Apprehension of force - Lamb 1967
Words can prevent an action from being an assault - Tuberville v Savage 1669.

Immediate
Usually D must be present with the V and able to carry out any threat. Does not include ‘ I will give you a beating one of these days ‘

Imminent not immediate - Smith v Chief Superintendent of Woking Police Station 1983

Question 4

What are the cases where:

1) Silent telephone calls, not an act but caused fear
2) 800 letters from D, 2 of which contained threats.
3) Get out the knives could amount to an assault.
4) Two kids playing with a loaded gun thinking it was unloaded and one shot the other. Not assault as there was no apprehension of violence from the other child.
5) Man put hand on sword hilt and told him that if it were not assize time he would kill him, no assault as he said he wouldnt
6) D went into garden and looked through Bedroom window. She was terrified thinking he was going to enter and attack even though he had no way to. Still assault due to apprehension.

Answer 4

1) Ireland 1997
2) Constanza 1997
3) Wilson 1995
4) Lamb 1967
5) Tuberville v Savage
6) Smith v Chief Superintendent of Woking Police Station 1983

Question 5

What is the Mens Rea of Assault?

Answer 5

D must either intend to cause someone fear of immediate unlawful personal violence

or do so recklessly ie realising there is a risk of causing fear eg Venna 1975

Question 6

What is the case where D kicked at police to keep away and ended a officer and it was considered reckless enough for A&B?

Answer 6

Venna 1975

Question 7

What is the definition of Battery?

Answer 7

Where D intentionally or recklessly applies unlawful physical force to another person

Question 8

What is the actus reus of Battery?

Answer 8

Application of unlawful force
Must be physical and not merely emotional but touch enough: Thomas 1985, Collins v Wilcock.
contains continuing act too.

Direct and Indirect Acts-
Direct: Can be directly physical contact eg spitting Misalati 2017

Indirect: Eg digging pit for victim to fall into, Martin 1881, Khan 1990, Scott v Shepherd 1773

Need not be hostile eg Cole v Turner 1704

Cannot usually be by omission but Santana v Bermudez 2003

Question 9

What case is…
1) Stated obiter that touching bottom of womans skirt is equivalent to touching lady herself
2) Lawful to touch to attract attention but not to restrain unless arresting
3) Spitting is battery
4) D locked fire exits, turned out lights, shouted fire and people injure themselves in panic and guilty of indirect battery for it.
5) 15 yo put acid in hot air hand drier to use it later, someone used the drier and it squirted into their face and caused burns, leading to indirect battery.
6) Civil, D threw lighted squib into market, two or more people threw onto ultimate victim. Battery.

Answer 9

1) Thomas 1985
2) Collins v Wilcock
3) Misalati 2017
4) Martin 1881
5) Khan 1990
6) Scott v Shepherd 1773

Question 10

What is the Mens Rea of Battery?

Answer 10

D must either intend to apply unlawful force or do so recklessly ie realise there is a risk eg Venna 1975.

Question 11

What is the definition of Statutory Assaults/ABH and where is it defined?

Answer 11

An assault or battery which causes actual bodily harm

Offences against the Person Act 1861

Question 12

What is the Actus Reus of ABH?

Answer 12

1) Causing an unlawful common assault (can be assault OR battery, usually battery)
2) That causes actual bodily harm

Question 13

What is ABH?

Answer 13

T v DPP 2003 Temporary loss of consciousness
DPP v Smith 2006 Cutting victims hair
Ireland 1997 Psychiatric injury
Scratches, bruises, abrasions, swelling

Question 14

What did Chan Fook 1994 confirm?

Answer 14

1) Discomfort is not enough
2) Includes Psychiatric harm

Question 15

What is the case where D aggressively questioned woman who he thought stole an engagement ring, dragged her upstairs and locked in room, victim in nervous, hysterical condition not enough. ABH included psychiatric harm but not panic, conviction quashed.

Answer 15

Chan Fook 1994

Question 16

What is the Mens Rea of ABH?

Answer 16

1) Prove MR of A & B - must intend or be reckless. No need to prove D intended to cause ABH or that he was reckless for it eg Roberts 1971

Question 17

What is the definition of GBH?

Answer 17

To maliciously unlawfully wound or inflict GBH upon any person. Sentence- Max 5 years/TEW.

Actus Reus s20:
Unlawful - Melin 2019
1) Wounding, cut or break in the skin, both inner and outer, must be broken. Usually bleeding. Does not include bruises.
eg Wood 1830

2) OR inflicting GBH injury need not be permanent or life threatening.

Saunders 1985 - Serious bodily harm sufficient
Rv Bollom 2004 - Age of child relevant
R v Dica 2004 - Biological GBH (D had unprotected sex despite being HIV positive)
Jury could take age into account when deciding extent of injury

INFLICT - Despite prev ideas that cause and inflict mean different things have diff requirements, now settled that they just mean ‘ to cause’

Question 18

What is the Mens Rea (S20) of GBH?

Answer 18

Wounding or GBH must be done maliciously: intending to inflict some physical or psychiatric harm not serious harm or
Reckless (Cunningham test) - D must be aware that he might cause physical or psychiatric harm to another albeit not serious harm.
R v cunningham 1957 - GAS
Savage 1991 - Confirmed that subjective recklessness applied where maliciousness required

Question 19

What is S18 OAPA 1861 GBH with intent

Answer 19

Def - To unlawfully wound or cause any GBH to any person. Sentence - Max life imprisonment/Indictable

May be committed by Actus reus
Unlawful wounding or Unlawfully causing GBH (includes psychiatric)

Mens rea
With intention to:
Cause GBH (Serious harm, intention to wound not enough Taylor 2009)
or
To resist arrest to prevent lawful arrest or detention of another person. Probably police officer trying to arrest D but could be another person.