Offences Against the Person Act

Question 1

What is the actus reus of assault?

Answer 1

Causing another person to apprehend immediate and unlawful personal force

Apprehend:
- Apprehend = understand, perceive (don’t need to fear)
- Irrelevant if defendant unable to carry out threat - all that matters is apprehension
- If victim unusually sensitive (but not ridiculously so) in perceiving threats, ‘thin skull’ - still have AR if victim apprehended immediate & unlawful personal violence
- Words may negate threat

Personal force
- Must be physical (threat of psychological harm insufficent)

Immediate
- Does not mean instantaneous - could be ‘at some time not excluding the immediate future’

Question 2

What does ‘apprehend’ mean in the context of the actus reus for assault?

Answer 2

AR of assault: any act causing victim to apprehend immediate and unlawful personal force

Apprehend = understand, perceive (not fear)
- Irrelevant if D unable to carry out threat, all that matters is whether they APPREHENDED it
- If victim unusually sensitive (but not ridiculously so) in perceiving threats: thin skull rule
- Words may negate threat

Question 3

Can you be liable for assault for causing a person to apprehend immediate and unlawful psychological harm?

Answer 3

No - must be physical violence

(Nb. where assault results in psychological harm which is more than trivial, could be liable for s47 OAPA)

Question 4

What is the mens rea of assault?

Answer 4

INTENTION

or

RECKLESSNESS

as to causing a person to apprehend immediate & unlawful personal force

Question 5

What is the offence of assault (AR & MR)?

Answer 5

Any act which intentionally or recklessly causes another person to apprehend immediate & unlawful personal violence

Question 6

What is the offence of battery (AR & MR)?

Answer 6

Inflicting unlawful personal force to another person intentionally or recklessly

Question 7

What is the actus reus of battery?

Answer 7

Inflicting unlawful personal force to another person

• Can include touch
• Does not need to be hostile, rude, aggressive
• Can be indirect (eg. setting dog on victim, placing obstacle behind door so victim trips)
• No need for any harm to be suffered by the victim

Question 8

What is the mens rea of battery?

Answer 8

INTENTIONally or RECKLESSly applying unlawful force to another person

Question 9

What is s47 Offences Against the Person Act?

Answer 9

Assault occasioning actual bodily harm

Question 10

What is the actus reus of assault occasioning actual bodily harm (s47 OAPA)?

Answer 10

Assault occasioning actual bodily harm

Assault = assault or battery

Occasioning = causation

Actual bodily harm = any hurt or injury which is more than transient or trifling
- Includes recognised psychiatric harm
- Hurt or injury which interferes with the health or comfort of the victim

Question 11

What is actual bodily harm?

Answer 11

Any injury which interferes with the health or comfort of the victim

& is more than transient or trifling

(momentary loss of consciousness & cutting someone’s hair both found to be ABH)

Question 12

What is the mens rea for assault occasioning actual bodily harm (s47 OAPA)?

Answer 12

The mens rea required for the assault or battery

(ie. INTENTION or RECKLESSNESS as to causing the victim to apprehend unlawful & immediate personal force; or inflicting such force)

Nb. No need to intend or foresee the risk of any injury

Question 13

What is s20 Offences Against the Person Act?

Answer 13

Maliciously wounding or inflicting grievous bodily harm

Question 14

What is the actus reus for wounding or inflicting GBH (s20 OAPA)?

Answer 14

Wounding or inflicting any grievous bodily harm

Wound = cutting both layers of skin
- Requires causation

or

Inflict = causes

Grievous bodily harm = really serious harm
- Can include recognised psychological condition
- Must consider totality of injuries (taken together to they amount to serious harm?) & the effect on the victim (eg. their age & health)

Question 15

What is grievous bodily harm?

Answer 15

Really serious harm

• Can include recognised psychological condition
• Must consider totality of injuries (eg. lots of cuts alone would not be serious harm, but are taken together) & effect on the victim (in particular, their age & health - eg. certain injuries more harmful to baby/elderly person)

Question 16

What is the mens rea of wounding or inflicting GBH (s20 OAPA)?

Answer 16

Maliciously

= INTENTION or RECKLESSNESS as to causing actual bodily harm

(ABH is more than trifling harm, ie. anything which interferes with the health or comfort of the victim)

Question 17

What is s18 Offences Against the Person Act?

Answer 17

Wounding or causing GBH with intent

Question 18

What is the AR for wounding or causing GBH with intent (s18 OAPA)?

Answer 18

Wounding or causing GBH

Wound = cutting both layers of skin (causation required)

GBH = really serious harm
- Can include recognised psych condition
- Consider totality of injuries & their effect on the victim

Question 19

What is the MR for wounding or causing GBH with intent (s18 OAPA)?

Answer 19

INTENTION to cause GBH

Exception: Where the defendant is resisting or preventing an arrest, INTENTION or RECKLESSNESS as to causing ABH (ie. anything which interferes with the health or comfort of the victim)

Question 20

What is the MR for wounding or causing GBH with intent (s18 OAPA) when the person is resisting or preventing an arrest?

Answer 20

Intention to resist / prevent an arrest

+

INTENT or RECKLESSNESS as to cause ACTUAL bodily harm

(ABH = anything which interferes with the health or comfort of the victim)