Non-fatal offences (Assaults) Flashcards
What is the hierarchy of non-fatal offences from most to least serious?
- Wounding or GBH with intent (s18) (indictable)
- Wounding or GBH (s20) (EW)
- Assault occasioning ABH (s47) (EW)
- Battery (summary)
- Assault (summary)
What is simple assault?
Intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence
Apprehend = V believes D will use violence against them
Do you need to make physical contact with V for assault?
No touching nor applied force requried
What is the AR of assault?
Causing victim to apprehend immediate and unlawful personal violence
What does apprehension mean for the AR of assault?
- Make victim expect - not necessarily fear - personal violence
- Words alone and silence is enough (R v Burstow –D harrassed a woman for 8 monhts with silent phone calls and offensive cards)
- Words can negate assault (‘if it were not assize time, I would not take such language from you’)
Lamb - one teen shoots another dead, both thought was safe - no assault as V did not fear infliction!
Must D actually have the means to carry out the threat?
E.g. using replica gun to threaten somebody
No - means are irrelevant if apprehension is caused
What does immediate, unlawful, and personal violence mean for the AR of assault?
- Immediate = immediate future/imminent (but not instantaneous)
- Unlawful = not done in self-defence/with consent
- Personal violence = anticipates physical force/violence (not psychological)
‘Personal violence’ can be an unwanted touch
What of conditional threats? Do they satisfy AR of assault?
Law takes the view that unjustified restrictions on personal liberty are unwarranted –therefore conditional threats can lead to liability provided it satisfies the immediacy requirement
What is the MR of assault?
Intention or reckless as to causing V to apprehend immediate unlawful personal force
Intention = D’s aim or purpose
Recklessness = risk their actions will cause victim to apprehend and it was unreasonable to take risk in circumstances known to D (subjective)
Summary of Assault
What is battery?
The actual intended or reckless use/application of unlawful force to another person without consent
What is the AR of battery?
Infliction of unlawful force on another
Must applicationof battery be direct, indirect or an omission re AR?
All 3– can be:
- Direct (hitting with weapon)
- Indirect (digging a pit which V falls into/placing an obstacle in V’s path)
- Omission (police officer searching pockets and finger is pierced by hypodermic needle)
What will not count as unlawful force under AR of battery?
Inevitable everyday contact e.g. jostling in supermarket, underground etc.
Does not cover grabbing people
What degree of force or hostility is necessary for the AR of battery?
The merest of touch however slight can amount to battery; does not have to be hostile or aggressive
Will touching someone’s clothes count as force?
Yes
What happens if battery results in harm more than trivial?
Liable for s47 offence (assault occasioning ABH)
What is the MR for battery?
Intentionally or recklessness applying unlawful force on another person
ie: D must have intended or foreseen the actual infliction of force, not just V’s apprehension to it
What is the maximum penalty for battery?
6 months in prison and/or £5,000 fine
Example of assault and battery
What is the maximum sentence for assault occasioning ABH (s47)?
Either way offence!
Imprisonment for no longer than 5 years
What is the AR for s47?
Simple assault or battery that causes ABH occasioning ABH
What does assault mean in AR of s47 and what must be established?
- Means assault or battery; AND
- Harm must be caused to the victim
- AR and MR of either must be established
What does actual bodily harm mean under AR of s47?
Any hurt/injury calculated that interferes with health/comfort of the victim - not serious or permanent but more than transient and trifling
Not so trivial as to be wholly insignificant
Bruises and swelling suffices!
What does ‘more than transient and trifling’ under ABH include?
- Momentary loss of consciousness
- Cutting hair off (still part of body!)
- Giving a victim a split lip
- Licking leg causing swelling
- Stabbing requiring stitches
- Psychiatric injury (but not mere emotions – must be, for example, anxiety, neurosis, depression
What does not suffice to satisfy the AR of ABH?
- A very small bruise
- Minor scratch
- Red mark on skin (from a slap)
- A panic attack
- Strong emotions (eg: rage, extreme fear or distress)
What is the MR for s47?
MR for assault or battery = intention or recklessness as to:
- Assault = causing V to apprehend immediate and unlawful personal violence; or
- Battery = applying unlawful force upon another
What is the MR for the ABH?
Not required! Only MR for assault or battery is required for s47 –no need to show that D intended to cause harm
What will, therefore, the prosecution have to prove for MR of ABH?
D hit/hurt the victim deliberately or recklessly
Summary of ABH
What two offences are created by s20?
Either way offence!
- Malicious wounding
- Maliciously inflicting GBH
What is the maximum punishment for s.20?
Maximum 5 years imprisonment (same as ABH)
What is the AR for s20?
Unlawfully wounds or inflicts GBH
What does grievous bodily harm mean under s20 AR? Does it include more than physical injuries?
GBH = Really serious harm, which should be given its ordinary meaning
- Can include psychiatric injury if sufficiently serious and proved by expert evidence
Examples of GBH
- Fractured skull
- Internal injuries
- Broken limbs
- Disfigurement
- Serious psychiatric injury
- Giving someone HIV
Can the jury consider the effect of injuries on the particular victim (taking age height etc into account)?
Yes
What is the difference between wounding and inflicting in s20 AR?
- Wounding = a break in continuity of both layers of skin however serious (e.g. rupture of internal blood vessels not enough)
So technically a minor cut breaking both layers is enough for s.20!
- Inflicting = causing - can be infliction without assault being committed which causes, for example, psychological injury
Examples of what does and does not constitute wounding
- Cut of any size or severity
- A scratch that draws blood
- A cut inside the mouth
BUT NOT
* Bruising or internal bleeding
* A rupture of blood vessels in the eye
Will multiple cuts on their own amount be seen in isolation and therefore not very serious?
I.e. serious enough to be GBH
Multiple cuts taken together could amount to serious harm
Must consider effect of injuries on V as well as age/health
What is the MR for s20? What degree of harm is necessary?
D must intend or be reckless as to the causing of some harm
Must the D have foreseen the physical harm as described in s20 i.e. really serious?
No - enough they foresaw some physical harm albeit minor
What two offences are created by s18?
Indictable only!
- Maliciously wounding with intent to cause GBH; and
- Maliciously inflicting GBH with intent to cause GBH
What is the maximum punishment for s.18?
Life imprisonment
What is the difference between s20 (wounding or inflicting GBH) and s18 (wounding or causing GBH with intent) re AR and MR?
- AR exactly the same (wounding = break of skin / infliction = cause)
- MR - D must intend (directly or obliquely) to cause harm which amounts in law to GBH (serious harm)
What is the AR for s.18?
Unlawfully wounding or causing GBH to a person – no infliction, only cause!
What injuries would come under GBH?
Wound - breaking of both layers of skin
GBH
* Permanent loss of sensory function
* Permanent disability
* Broken bones
* Fractured skull
* Substantial blood loss
What is the MR of s.18?
- Intent to cause GBH; or
- Intent to resist or prevent the lawful apprehension or detention of any person, coupled with intention to cause GBH
Is recklessness enough under s18?
No, direct or oblique intention is needed
What is the only exception for recklessness under s.18?
If their ulterior intent was to resist or prevent arrest of another person –> ie if a police officer is the victim!
Eg: PC Gore arrests Tracy. In an effort to escape, she lashes out and causes a deep scratch on his face. MR - Tracey did noto intend to cause GBH but was reckless as to this
Are intention and recklessness the MR for every non-fatal offence?
All except s18 - wounding or GBH with intent
All ARs and MRs
Assault
- AR = causing someone to apprehend unlawful and immediate personal violence
- MR = intention or recklessness
Battery
- AR = Infliction of unlawful force on another person
- MR = intention or recklessness
**S47 (assault occasioning ABH)
**
* AR = assault or battery (occasioning ABH)
* MR = intention or recklessness as to assault or battery
**S20 (wounding or inflicting GBH)
**
* AR = wounding or infliction of GBH
* MR = intention (malicious) or recklessness as to causing some harm
S18 (wounding or inflicting GBH with intent)
- AR = wounding or infliction of GBH
- MR = intention to wound or inflict GBH OR
- Intention or recklessness as to ABH + intent to resist/prevent an arrest
Can consent be used as a defence for simple assault and battery?
Yes
What about the other 3 offences? If so, which one(s)?
General rule: Consent is NOT available to any assault where harm is intended or caused
What are the recognised exceptions?
- Surgery, operations, medical examinations
- Dangerous exhibitions
- Sports (provided it is properly conducted)
- Ear-piercing and tattoos
What can you NOT consent to?
- Sado-masochism
- Body modifications (splitting tongue/nipple removal)
What must exist for consent to be valid?
When given freely by a fully informed and competent adult
When is consent not valid?
If obtained by fraud as to the identity of D or the nature / quality of the act
Eg: A agrees to a breast examination by B. However, B is not a medical professional and does so for his own sexual gratification.
