Offences against the person

Question 1

What kind of offences are common assault and battery?

Answer 1

Common law offences

Question 2

Where are common assault and battery enstatued?

Answer 2

Criminal Justice Act 1988, s.39(1)

Question 3

What do common assault and battery count as?

Answer 3

Statutory offences

Question 4

What is the definition of common assault?

Answer 4

Any act by which a person intentionally or recklessly causes another other person to apprehend immediate and unlawful violence

Question 5

Examples of common assault

Answer 5

• R v Ireland and Burstow
• Fagan v MPC
• R v Venna

Question 6

What is the definition of battery?

Answer 6

An intentional or reckless touching of another person without the consent of that person or lawful excuse

Question 7

Example of battery

Answer 7

Faulkner v Talbot

Question 8

Actus reus of assault

Answer 8

Apprehension of personal violence (victim)

Question 9

Actus reus of battery

Answer 9

• Inflicting personal violence
• Can be committed by omission or be indirect

Question 10

Mens rea of assault

Answer 10

Intention/recklessness as to causing the victim’s apprehension of immediate violence

Question 11

Mens rea of battery

Answer 11

Intention/recklessness as to application of force to the victim’s body

Question 12

What is the OAPA?

Answer 12

Offences Against the Person Act 1861

Question 13

What is section 18 of the OAPA?

Answer 13

• Wounding with intent to do grievous bodily harm
• Indictable life sentence

Question 14

What is section 20 of the OAPA?

Answer 14

• Inflicting bodily injury
• Indictable 5 year sentence

Question 15

What is section 47 of the OAPA?

Answer 15

• Assault occasioning actual bodily harm (ABH)
• Indictable 5 year sentence

Question 16

What does bodily harm include?

Answer 16

• Disease
• Recognised psychiatric conditions that affect the CNS
• Non-obviously
• Being unconscious

Question 17

Pattern of OAPA mens rea

Answer 17

Intention or recklessness, except for s.18 which is intention only

Question 18

Mens rea of section 47

Answer 18

Mens rea of assault/battery only, not as to higher level of harm

Question 19

Mens rea of section 20

Answer 19

D must intend, or recklessness as to foresee some kind of harm

Question 20

Mens rea of section 18

Answer 20

Intent to cause GBH

Question 21

Exceptional catergories

Answer 21

• (Some, organised) sport
• Rough horseplay
• Surgery and other medical interventions
• (Some) body modifications: tattooing, piercing etc
• (Some) religious practices: male circumcision, flagellation
• Risk of STIs

Question 22

For consent to be effective to negative liability, the consent…

Answer 22

• Must be informed (Konzani)
• Must be by someone with the capacity to consent
• Not be vitiated by fraud or by duress (Tabassum, Nichol)

Question 23

Leading case for consent and assaults

Answer 23

R v Brown

Question 24

Comparative case to R v Brown

Answer 24

R v Wilson

Question 25

Strangulation and suffocation

Answer 25

• Serious Crime Act 2015, s.75A
• A commits an offence if: (a) A intentionally strangles B or (b) A does any other act that (i) affects B’s ability to breath and (ii) constitutes a battery of B.

Question 26

Other offences against a person

Answer 26

• Specialist assaults, such as assaulting a police officer in the execution of duty and emergency workers
• Poisonings
• Explosive offences
• Racially or religiously aggravated forms of the ladder offences