Topic 3 - Assaults Flashcards
What are the key assault offenses in criminal law, in order of seriousness?
- Simple assault (technical assault)
- Offensive battery (physical assault)
- Assault occasioning actual bodily harm (ABH)
- Malicious wounding or inflicting grievous bodily harm (GBH)
- Wounding or causing GBH with intent
What is required for a Simple Assault (technical assault) to occur?
- Actus Reus: The defendant causes the victim to apprehend immediate and unlawful personal force.
- Mens Rea: The defendant intended or was reckless as to causing the victim to apprehend force.
- Apprehension must involve awareness of potential force, but fear is not required.
What is meant by ‘apprehension’ in a Simple Assault?
Apprehension refers to the victim being aware of the potential threat of immediate force. Fear is not necessary; awareness is enough.
Can a conditional threat qualify as a Simple Assault?
Yes, a conditional threat can qualify if the facts suggest it could result in immediate force (e.g., ‘If you don’t do this, I’ll hit you’).
What defines a Battery in criminal law?
- Actus Reus: Infliction of unlawful personal force, either directly (e.g., pushing) or indirectly (e.g., setting a dog on someone, throwing something).
- Mens Rea: Intent or recklessness as to inflicting unlawful personal force.
What is Assault Occasioning Actual Bodily Harm (ABH)?
- Actus Reus: An assault (simple assault or battery) that causes actual bodily harm.
- Definition of ABH: Any harm that interferes with the victim’s health or comfort and is more than transient or trifling.
- Mens Rea: Intent or recklessness as to causing the assault (no mens rea for the harm itself).
What is the definition of Actual Bodily Harm (ABH)?
ABH is any harm calculated to interfere with the victim’s health or comfort, which must be more than trivial or transient.
What is required for the offense of Malicious Wounding or Inflicting GBH (Section 20)?
- Actus Reus: Wounding (a break in the skin) or inflicting grievous bodily harm (serious harm).
- Mens Rea: Intent or recklessness as to causing bodily harm (not the degree of harm).
What is the difference between Section 20 and Section 18 in wounding or causing GBH offenses?
- Section 20: Maliciously wounding or inflicting GBH. Mens rea is intent or recklessness about bodily harm.
- Section 18: Wounding or causing GBH with intent. Mens rea requires intent to cause grievous bodily harm, and in some cases, resisting arrest or preventing lawful apprehension.
What is required for the offense of Wounding or Causing GBH with Intent (Section 18)?
- Actus Reus: Wounding or causing grievous bodily harm.
- Mens Rea: Intent to cause grievous bodily harm. If resisting or preventing arrest, intent or recklessness as to bodily harm is needed.
How can you determine which assault offense is relevant in a case?
- No injury: Likely to be simple assault or battery.
- Injury: Check if the injury qualifies as a wound or grievous bodily harm. If so, it could be Section 20 or Section 18. If not, it’s Section 47 (ABH).
What is the general rule regarding the defense of consent for assault offenses?
Consent can be a valid defense for simple assault or battery, but not typically for statutory assaults (where harm is caused or intended).
What are exceptions to the general rule that consent is not a defense for statutory assault offenses?
- Surgery
- Dangerous exhibitions
- Properly conducted sport
- Ear piercing and tattoos
- Horseplay or ill-disciplined behavior
Are sadomasochistic activities or body modifications valid defenses for assault?
No, sadomasochistic activities and body modifications are not valid defenses for assault under the law.
What is the penalty for Wounding or Causing GBH with Intent (Section 18)?
This is an indictable-only offense, triable in the Crown Court, with a maximum sentence of life imprisonment.
