Non-fatal offences against the person Flashcards
What are assault and battery?
Common law offences, but they are charged under section 39 of the Criminal Justice Act 1988.
What is the definition of assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate, unlawful personal violence or recklessness as to whether such fear is caused.
What is the actus reus of assault?
An act which causes the victim to apprehend infliction of immediate unlawful force.
What kind of behaviour can constitute assault?
Actions, words, letters (Constanza) or silent phone calls (Ireland).
When is there no assault?
When it is obvious that there is no way the defendant can actually use force.
What does ‘immediate’ mean for assault?
Imminent, so an assault can be through a closed window as in Smith.
How is an assault cancelled out?
When words are used which indicate there will be no violence.
What is the mens rea of assault?
Intention to cause fear of immediate unlawful personal violence or recklessness as to fear of such violence is caused.
What is the definition of battery?
Application of unlawful force to another person either intending to apply unlawful physical force or recklessness as to whether such unlawful force is applied.
What is the actus reus of battery?
Application of unlawful force to another person.
What does the word ‘force’ mean in battery?
It can mean the slightest touching as in Collins v Wilcock.
What happened in Thomas?
It was decided that touching the victim’s clothing can constitute battery.
What can battery be committed through?
A continuing act, indirect act or an omission.
How can there be a battery without an assault?
When the victim is unaware that unlawful force is about to be applied.
What is the mens rea for battery?
Intention to apply unlawful physical force or recklessness as to whether such force is applied.
Where is the offence of assault occasioning actual bodily harm found?
Section 47 of Offences Against the Person Act 1861.
What is it necessary to prove for assault occasioning actual bodily harm?
An assault or battery which caused actual bodily harm.
How did Miller define actual bodily harm?
Any hurt or injury calculated to interfere with the health or comfort of the victim.
What has been held to be assault occasioning actual bodily harm in caselaw?
T v DPP - loss of consciousness.
Smith - cutting of hair.
Psychiatric injury - Chan Fook.
What is the mens rea of assault occasioning actual bodily harm?
Intending to cause or being subjectively reckless as to whether to victim fears or is subjected to unlawful force.
What is the mens rea of assault occasioning actual bodily harm?
Intending to cause or being subjectively reckless as to whether to victim fears or is subjected to unlawful force.
Where is the offence of malicious wounding/inflicting grievous bodily harm found?
Section 20 of Offences Against the Person Act 1861.
How is malicious wounding/inflicting grievous bodily harm defined?
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with weapon or instrument, shall be guilty of an offence.
What does wound mean?
A cut or break in the continuity of the whole skin.
When will a broken bone be considered a wound?
When it breaks the skin.
What does grievous bodily harm mean?
Really serious harm (Smith).
Which cases have considered the idea of grievous bodily harm?
Saunders - injury does not have to be life threatening.
Bollom - injury should be assessed according to the victim’sage and health.
Burstow - serious psychiatric injury can amount to grievous bodily harm.
Dica - infecting someone with HIV can be grievous bodily harm.
What is the mens rea of malicious wounding?
Intention to do harm or recklessness as to whether such harm is caused.
Where is wounding/causing grievous bodily harm with intent found?
Section 18 of Offences Against the Person Act 1861.
How is wounding/causing grievous bodily harm with intent defined?
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence.
What is the actus reus of a section 18 offence?
Wounding or causing grievous bodily harm.
What is the mens rea of a section 18 offence?
Intention to do some grievous bodily harm or resist or prevent arrest.
What are some problems with the Offences Against the Person Act 1861?
- The Act is widely recognised as being out of date.
- There is no clear hierarchy of offences.
- Language needs modernising and simplifying.
What is the Law Commission’s recommendation for reform of the Offences Against the Person Act 1861?
A draft Bill setting out four offences, replacing section 18, 20 and 47.
