Offences Against the Person Flashcards
MR an AR
What is the Actus Reus of Assault?
Causing. the victim to apprehend immediate AND unlawful personal violence.
What is the Mens Rea of Assault?
Intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence.
What is the criminal liability of Assault?
- AR = apprehend immediate unlawful personal violence
- MR = intentionally or recklessly apprehend immediate violence.
- Absence of a valid defence;
( self-defence / intoxication / consent ).
Assault : Apprehension?
This means that the V thought or feared potential violence.
-Raising fist would be sufficient.
- defendant must cause V to believe that they can/will carry out threat of force.
- It is irrelevant that the D does not have means to carry out threat.
- physical gestures can for the basis for assault.
-words / silence can constitute assault.
Pressing face to glass window of V = assault
Assault: Immediate
The V must believe that the violence must be immediate. It cannot be some time in the future.
Immediate does not mean instantaneous.
If the V thinks it could happen at ‘any time’ (D following / calling / stalking).
Can mean imminent - i.e telephone caller saying “ I will be at your door in a minute” - can constitute assault if the. V apprehend immediate violence.
Held - if V did not know what D would do next. Thus feared immediate violence which was what D intended.
Assault : unlawful
Application of force upon another would be considered lawful IF the defendant threatens reasonable force in SELF-DEFENCE or the V CONSENTS
Assault: Personal Violence
Violence can must be physical it cannot be just psychological.
If it results is psychological damage could be s.47 OAPA
Assault
It is a basic intent crime. This means it can be committed intentionally or recklessly.
- Intent = D’s aim or purpose.
-Reckless = see a risk that. their actions WILL cause the victim to apprehend immediate personal violence. In circumstances known to D it was unreasonable to take the risk.
Subjective recklessness must be established for any assault charged on the basis of RECKLESSNESS
Battery - Overview:
The defendant touches the victim in an unwanted fashion.
A battery is the actual intended use of unlawful force to another person without consent.
It includes the reckless application of force.
Battery sentence
Maximum penalty of 6 months in prison.
And/or - a £5,000 fine.
What is the criminal liability of Battery?
AR = Application of unlawful force
MR = Intentionally or reckless applies unlawful force.
Absence of a valid defence ( self-defence / intoxication / consent ).
What is Battery?
Battery is an act by which a person intentionally or recklessly applies unlawful force on another
what is the difference between Battery and Assault
Battery = physical touch
Assault = apprehending violence
Actus Reus of Battery
Application of unlawful force on another.
Battery - Application
Battery can be inflicted
1. Directly
( hitting victim with or without weapon).
- Indirectly
(D digging a pit which V falls into) - By an omission
(denying needles in pocket).
Battery - Unlawful
Battery cannot be done in self defence or with the victim’s consent.
Consent can be express or implied.
Battery - force
force in battery AR means: any touching of a person however slight.
An omission can constitute force.
the merest touch - it doesn’t have to be rude / hostile or aggressive.
Touching someone’s clothes whilst being worn is enough.
Force need not be applied directly: ( acid in the hand dryer) - although satisfies AR may not satisfy mens Rea.
Where the battery results in harm which is more than trivial the defendant will be liable for a more series offence.
Battery can be from an omission ( this means creating the danger ( it is the case when the D said they did not have any needles on them and then the police officer pricked finger).
Battery - Unlawful
It must be unlawful.
Consent can make the application of force lawful; ( and present a battery from being committed).
Certain amount of physical contact must be accepted to move around in society ( jostling in supermarket ). It. must go beyond the implied consent.
Mens Rea of Battery
Intention OR recklessness as to applying unlawful force on another person.
Battery is a basic intent crime.
Examples of Assault
threats of violence only
victim anticipates violence but there is NO actual touching.
Some words or physical movement are sufficient.
Silence can be sufficient in some circumstances.
Examples of Battery
A mere touch of clothing ( Direct)
Throwing something into a crowd (in direct)
Omission ( not telling someone needles in pocket)
AR + MR Assaut
AR: Causing the victim to apprehend immediate unlawful personal violence.
MR : intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence.
AR + MR Battery
AR: applying unlawful force to another.
MR: Intetion o r recklessness;essness as to applying unlawful fore.
Where is assault defined?
Assault is a common law offence - the penalties and procedures are set out in s.39 CJA but it is defined in the case of Fagan v MPC.
What is meant by personal violence for an assault?
The victim Must apprehend personal violence only.
psychological harm is not applicable.
If the D makes contact with the V then Battery is more appropriate.
What does the mens Rea of battery mean?
The mens Rea of battery requires the defendant to apply unlawful fore to another intentionally or recklessly.
Battery = basic intent offence.
Wounding or Grievous Bodily Harm with intent is…
s.18 Offences Against the Person Act.
Wounding or Grievous Bodily Harm is…
s.20 OAPA 1861
Assault occasioning actual bodily harm is…
s.47 OPA 1861
ABH s.47 - sentence ?
Imprisonment for any term not exceeding 5 years.
What is the Actus Reus of ABH s.47?
AR =
Assault - meaning any assault or battery.
Occassioning - normal principles of causation apply.
ABH
What is the Mens Rea of ABH s.47?
Mens Rea for the assault or battery.
Intent or recklessness as to causing the victim to apprehend immediate and unlawful personal violence.
OR
Applying unlawful force to another.
Actus Reus of s.47 ABH - Assault
There must be an assault. This means there must have been either an assault OR battery
This means that the AR and MR for either assault or battery must established.
What are Assault and Battery?
Assault and Battery are common law offences defined in Fagan v MPC. But they are charged under s.39 CJA 1988.
Actus Reus of s.47 - Occasioning
The assault or battery must occasion actual body harm.
It must result in harm to the victim.
The offence can be caused by an omission.
Assault ACTUS REUS
Causing the victim to apprehend immediate and unlawful violence
Assault MENS REA
Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence
Battery - Actus Reus
Applying unlawful force to another
BATTERY - Mens Rea
Intention or recklessness as to applying unlawful force to another
S.47 - Mens Rea
Intent or recklessness as to :
- Causing the victim to apprehend immediate and unlawful personal violence
- Applying unlawful force upon another
S.47 - Actus Reus
- Assault ( assault or battery )
- Occasioning ( principles of causation )
- Actual Bodily Harm
S.20 - actus Reus
To wound OR inflict grievous bodily harm
S.20 - mens rea
defendant must intent or be reckless as to causing of SOME harm
S.18 - Actus Reus
Wound OR cause grievous bodily harm
S.18 - mens Rea
Defendant MUST… INTEND to cause gracious bodily harm
Give examples of an assault…
Threats of immediate violence.
Victim anticipates violence but no actual touching.
Silence
Some words / physical movement.
Give examples of battery…
Mere touch.
Touching someone’s clothes
A slap.
Unwanted kiss.
Give an example of s.47
Minor fractures.
Cutting someone’s hair
Temporary loss of consciousness
Temporary loss of sensory function.
Extensive bruising.
Psychiatric injury ( beyond fear / distress / panic )
Scratches / burns / swelling / grazes
What is the difference between s.20 and s.18
S.18 - intent to cause GBH
S.20 - intent or reckless as to causing SOME harm
What type of injury would constitute a s.20 / s.18
Broken bones.
Fractured skull.
Wound breaking both layers of skin.
Permanent loss of sensory function.
Permanent disability.
Malicious wounding with intent is …
S.18
Maliciously inflicting gbh is…
S.20 - intent is s.18
What constitutes actual bodily harm ?
Any hurt or injury calculated to interfere with the health or comfort of the victim.
Should not be so trivial as to be wholly insignificant.
True or false there is no different mens Rea for ABH different to the mens rea needed for assault or battery
True : proof of an assault /battery mens rea ( intent or reckless ) is all that is needed
Is s.20 some harm or significant harm ?
S.20 mens Rea is intent or recklessness as to causing SOME harm.
It is not a requirement that he foresaw the gravity of the injury
Assault
Apprehend
Immediate
Unlawful person violence
Intend or be reckless
Battery
Applies
Unlawful force
Intend or be reckless
What would NOT constitute a s.20
A scratch that does not break both layers of skin
Rupture of blood vessel
Broken bone that does not break the skin
Gbh can be
Broke collar bone.
Transmission of HIV
Body modification including the removal of an ear and a tongue.
Severe depression.
Must be considered ;
A totality of the injuries if a number of minor injuries have been suffered.
The age and health of the victim.
Intention to cause GBH OR resist lawful arrest
S.18 is a specific intent offence. This means it can only be committed with intention ( recklessness is not sufficient ).
S.18 - intention to resist or prevent lawful arrest.
Maliciously is needed when considering preventing lawful arrest.
If D lacks the intention to cause harm but does possess the intention to prevent lawful arrest s.18 can be made out.
The arrest MUST be lawful.
Must be reckless as to causing harm
