Nonfatal offences against the Person

Question 1

When does the offence of assault occur?

Answer 1

When D intentionally/recklessly causes another to apprehend immediate application of unlawful force

Question 2

______ alone are sufficient for assault if V believes violence is imminent, but then can also _____ the imminence (meaning there’s no assault)

Answer 2

Words, negate

Question 3

When does the offence of battery occur?

Answer 3

When D intentionally/recklessly applies unlawful force upon another person

Question 4

Is consent a defence to assault and battery if harm results? If so, when?

Answer 4

Yes - only when the injury is inflicted for good reason

Question 5

What 3 key things must be made out for the offence of assault occasioning actual bodily harm?

Answer 5

1. All elements of assault or battery
2. Causation of…
3. Actual bodily harm

Question 6

What does Actual Bodily Harm (ABH) mean?

Answer 6

Any hurt or injury calculated to interfere with health/comfort of V

Question 7

Can diagnosed mental health issues like depression satisfy the requirement of actual bodily harm?

Answer 7

Yes

Question 8

What does Grevious Bodily Harm (GBH) mean?

Answer 8

Serious physical injury, including where there’s a wound (i.e. both layers of skin are broken) or long periods of unconsciousness

Question 9

What are two ways the offence of s20 GBH can be committed?

Answer 9

1. Intention to cause some harm; or
2. Recklessness regarding the risk of causing some harm

Question 10

What are two ways the offence of s18 GBH can be committed?

Answer 10

1. Intent to cause serious bodily harm; or
2. Intent to resist lawful apprehension when a risk of harm is foreseen

Question 11

Name 4 circumstances in which consent can be a defence to GBH?

Answer 11

1. Surgery
2. Tattoos/piercings
3. Religious practices
4. Sports (not too far outside the rules)