Unit 2 - Assaults Flashcards
Common Law Assaults:
Summary only offence and triable in magistrates court.
Max sentence of 6 months or fine.
Simple Assault
No physical contact needed (could be pointing a knife, shouting, making threats)
AR: causing the victim to apprehend immediate or unlawful personal violence - Fagan v Metropoliyan Police Comissioner. It must be likely to occur immediately.
MR: must intend or be reckless as to causing/ apprehending it
Case showing silence can amount to assault:
R v Ireland
Conditional threats case authority:
Read v Coker - they are still liable for assault
Recklessness is subjective
R v Spratt
Battery
AR: infliction of unlawful personal force on victim. May be direct, indirect or through throwing.
MR: intention or recklessness as to the inflection of unlawful force on another person. Subjective standard applies.
Collins v Wilcock:
Conduct should be criminalised where it goes beyond acceptable standards of behaviour.
Battery and the concept of touch …
Can be widely construed.
Statutory assaults document:
Offences Against the Person Act 1861
S 47 offence?
Assault occasioning ABH. Max sentence of 5 years and triable either way.
Actus reus and men’s rea of s 47 offence
Actus reus:
An assault which occasions abh. Harm must be caused to a degree it interferes with health of victim. It is more than transient it trifling (R v Miller).
Causation must be established
Includes: bruising, split lip, temp loss of consciousness (t v DPP). recognised psychiatric injury.
Men’s Rea: requires only intention or recklessness as to the assault (not injury). Can be that of battery or assault
What is a s 20 offence?
Wounding or inflicting gbh.
Either way and max 5 years prison
AR And MR of a s 20:
AR: to unlawfully wounds or inflict grievous bodily harm.
wound - both layers of skin broken (Mortiarty v Brookes). No bruising or internal bleeding. GBH IS REALLY SERIOUS HARM (DPP v Smith 1961)
MR: intend or be reckless as to causing ABH.
What is a s18 offence?
Wounding or causing gbh with intent: indictable and max sentence of life imprisonment.
AR and MR of a s18:
AR: wounding OR causing gbh.
MR: intentional to cause gbh OR intention to resist/ prevent lawful apprehension AND intention or recklessness as to causing ABH.
Consent
General rule: a victim can consent a simple assault or battery only. Unless actual or grievous bodily harm is intended or caused.
Consent only valid if given by a freely informed and consenting adult.
Where is a consent defense valid:
Surgical operations, dangerous exhibitions, ear piercing, horse play and properly conducted sport.
Sado masochism cannot be used as a defence for consent:
R v Brown
