Offence against the person Flashcards
What is assault
Any conduct by D, that intentionally or recklessly causes V to apprehend imminent unlawful personal violence
What is meant by unlawful personal violence?
Any non-consensual contact with V
How imminent must V believe the violence will be?
Immediate. Subjective- What does V believe the nature of the threat is. Objective- Based on the facts V believes, whether the belief amounts to an apprehension of imminent violence
Constanza
D harassed V over 20 months, sending threatening letters and writing on her front door.
Charged with assault causing actual bodily harm
Letters caused apprehension of violence at some point not excluding immediate future
What is battery?
A battery is any conduct by which D, intentionally or recklessly, inflicts unlawful personal violence upon V.
What is the difference between assault and battery?
Battery requires physical contact
Can battery be committed indirectly?
Yes- DPP v K (D committed battery by pouring acid into a hand dryer)
Martin- Digging holes
Santana Bermudez
D assured V that he was not carrying sharps, while V was searching him. She was- battery occasioning actual bodily harm
What are the defences for battery/assault?
Lawful Chastisement, Consent, Belief in consent
What is the mens rea for battery?
Recklessness or intention
Where is the defence for lawful chastisement set out?
S58 Children Act 2004
Permitted for
- parents
- only applicable to assault/battery
- only where the force is reasonable and proportionate
What are the elements of a consent defence?
V’s consent to D must be expressed or implied to D in a legally recognised manner.
V’s consent must be effective: they must have the capacity, freedom and information to make a choice
What is implied consent?
most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact = collins v wilcock
Konzani
D engaged in consensual sexual intercourse with 3 victims
Each contracted HIV, which D was aware of
guilty of maliciously inflicting GBH
Burrell v Hamer
Minors incapable of understanding the nature of tattoing
Mental Capacity Act 2005
Person lacks capacity if at the material time he is unable to make a decision due to a termporary or permanent impairment or a disturbance in the functioning of the mind
Melin
D fraudulently represented himself as a qualified doctor.
But for this representation, the victims would not have consented to the treatment.
D convicted of GBH
What is belief in consent?
A defence to assault and battery. If D believed v produced valid consent, she may avoid liability
Jones & Others
Belief in consent- D threw V in the air intending to catch him but failed. implied consent
What is the OAPA 1861, s 47?
Assault occasioning ABH. satisfied where D commits assault/battery that causes v actual bodily harm
What is the AR for s47 offence
Assault or battery
What is actual bodily harm
Not defined, but ABH is not found where the injury is merely transient and trifling; any hurt or injury that is calculated to interfere with the health or comfort’ of V
Ireland and Burstow
Ireland charged with s47 offence having made a series of silent phone calls.
What is the MR of s47
Base offence of intention and recklessness but no additional MR- ROberts
