Unit 4

Question 1

What is the actus reus of assault?

Answer 1

Causing another person to apprehend immediate unlawful personal violence

Question 2

Significance of Tuberville v Savage?

Answer 2

Words can negate an assault.

Question 3

What is the mens rea of assault occasioning ABH?

Answer 3

Mens rea of the required assault or battery. No further mens rea is required in respect of the degree of harm caused. Savage : Parmenter.

Question 4

Define ‘wound’ and ‘GBH’.

Answer 4

‘Wound’ requires the continuity of the skin to be broken: Moriarty v Brookes
‘GBH’ means ‘really serious harm’ DPP Smith or ‘serious harm’ Saunders.

Question 5

What is the mens rea of the offence under s.20 of the OAPA Act ?

Answer 5

Intention or recklessness as to causing some harm: Savage ; Parmenter

Question 6

In what circumstances may consent be relied upon as a defence to an assault or battery?

Answer 6

General rule is consent is a defence to assault or battery but consent may be a defence to ABH or GBH in certain exceptional circumstances such as body piercings and tattooing, etc.