Offences Against the Person

Question 1

What are the five assault offences?

Answer 1

Assault;
Battery;
Assault occasioning ABH;
Maliciously wounding or inflicting GBH;
Wounding or causing GBH with intent

Question 2

What are the classification of the five assaults? (summary, either way, or indictable only?)

Answer 2

Assault and Battery: Summary only;

ABH and maliciously wounding or inflicting GBH: Either way.

Wounding or causing GBH with intent: Indictable only.

Question 3

What is the actus reus for simple assault?

Answer 3

Causing the victim to apprehend immediate and unlawful personal force.

V must actually apprehend immediate personal force.

Question 4

What is the mens rea for simple assault?

Answer 4

Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force.

Question 5

Is a conditional threat of force adequate for the actus reus of assault?

Answer 5

No. D must cause V to apprehend immediate personal force.

Question 6

What is the actus reus of battery?

Answer 6

Infliction of unlawful personal force.

Question 7

What is the mens rea of battery?

Answer 7

Intentionally or recklessly inflicting unlawful force.

Question 8

Does the infliction of force need to be direct for a battery?

Answer 8

No. An indirect infliction of force, e.g. setting a dog on someone, can satisfy the actus reus of battery.

Question 9

What is the actus reus for an assault occasioning ABH?

Answer 9

D commits a simple assault or battery that causes actual bodily harm.

Question 10

How is ABH defined? What would not be considered ABH, despite being ‘bodily harm’

Answer 10

Any injury which is more than ‘transient or trifling’ - e.g. bruising, split lip, cut that requires stitches etc. (Anxiety and Depression)

Where a victim suffers a small bruise, minor scratch, or a red mark on the skin - this is not ABH, nor are panic attacks or rage.

Question 11

What is the mens rea for an assault occasioning ABH?

Answer 11

D intentionally or recklessly causes V to apprehend immediate and unlawful personal force, or they inflict such force.

Question 12

What is the actus reus for wounding or inflicting GBH?

Answer 12

D unlawfully wounds or unlawfully inflicts GBH on the victim.

Question 13

What are examples of GBH?

Answer 13

Broken bones, fractured skull, severe psychiatric injury, disfigurement etc.

Question 14

What are examples of wounding?

Answer 14

‘Breaking both layers of skin resulting in bleeding’, so:

• a cut of any size or severity;
• a scratch that draws blood;
• a cut to the inside of the mouth

Question 15

What is the mens rea for s20 GBH?

Answer 15

D must intend or be reckless to causing ABH.

Not necessary to show D intended or foresaw GBH,, but must show D was aware of some harm being committed.

Question 16

What is the actus reus for s18 GBH?

Answer 16

D unlawfully wounds or causes GBH.

Question 17

What is the mens rea for s18 GBH?

Answer 17

Can be satisfied in 2 ways:

(i) with intent to cause GBH; or

(ii) with intent to resist or prevent the lawful apprehension or detention of any person, coupled with the intention or recklessness of causing some bodily harm.

Question 18

Can consent be raised as a defence in offences against the person?

Answer 18

Yes, but it depends on the charge.

Consent can amount to a defence for all simple assault and batteries.

Question 19

What is the general rule regarding consent and the statutory assaults?

Answer 19

Consent is not available as a defence to the statutory assaults.

Question 20

What are the exceptions to the general rule regarding consent and statutory offences?

Answer 20

In instances of:

• Surgery;
• Dangerous exhibitions (e.g. circus acts);
• Sport (provided it is within the confines of the rule of the game);
• Ear-piercing and tattooing; and
• Horseplay

The law allows consent as a defence.

Question 21

What is the condition of consent?

Answer 21

Consent is only valid if given freely by a fully informed and competent adult.