Unit 2 – Offences against the person

Question 1

Section 18 OAPA – Unlawful and malicious wounding OR causing GBH with intent to:

a) cause GBH or
b) resist / prevent arrest

Answer 1

Actus reus = Wound or cause GBH (includes causing really serious psychiatric harm)

Mens Rea = Intention to cause GBH OR Intention to resist / prevent lawful apprehension + intention or recklessness as to causing actual bodily harm.

Question 2

Section 20 – Unlawful wounding or inflicting GBH

Answer 2

AR = Wound or Inflict GBH

MR = ‘Maliciously’ i.e., intention / recklessness as to ABH

Question 3

Section 47 – Assault Occasioning Actual Bodily Harm

Answer 3

AR = Assault which causes ABH

MR = Intention / recklessness as to the application of unlawful force or; as to causing the apprehension of immediate and unlawful force. (i.e., intention or recklessness as to the assault or battery).

Question 4

Physical assault / Battery

Answer 4

AR = Infliction of unlawful personal force on the victim

MR = Intentionally or recklessly inflict the unlawful force.

Question 5

Simple Assault

Answer 5

AR = Causing the apprehension of immediate unlawful personal force (victim must believe they are about to be unlawfully touched)

MR = Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force.

Question 6

Examples of AR of simple assault

Answer 6

• Words alone, i.e., intimidating language (R v Ireland)
• Repeated silent phone calls (R v Ireland)
• Conditional threats: “If you do not shut up, I will slap you” (Read v Coker) – note: this assumed the conditional threat also satisfies the ‘immediate force’ requirement.

Question 7

Key requirements for AR of simple assault

Answer 7

• Awareness – Simple assault requires the victim to be aware of the immediate unlawful personal force.
• Immediate (unlawful personal force) – The unlawful personal force that is apprehended must be immediate. If it is not immediate, it doesn’t count as assault.
• NOTE – It is enough for the victim to apprehend that unlawful personal force could occur immediately (R v Burstow) (e.g., if a stalker presents to their victim that they could strike at any time.

Question 8

“Wound”

Answer 8

1) Breaking both layers of skin

2) Bruising not sufficent

Question 9

“ABH”

Answer 9

• Any injury/harm which interferes with the health or comfort of the victim
• Harm does not have to be ‘serious’ – bruise / scratch or swelling could suffice.
• Can include mental harm, only if it’s a recognisable clinical condition (e.g., anxiety neurosis or reactive depression)

Strong emotions do not count.

Question 10

“GBH”

Answer 10

Really serious harm” (DPPP v Smith). Examples include:
* Fractured skull, severe internal injuries, broken limbs.
* Really serious psychiatric harm (Burstow)
* Transmitting HIV (Dica

Question 11

Note on Section 47

Answer 11

D must have intention or recklessness as to the assault only. D does not have to have the mens rea for the harm itself (extent of harm caused by the assault is irrelevant in the MR). E.g., if D intends to push V and V falls over and hurts herself badly, then, even if D did not intend V to fall over and hurt herself, he still has the necessary MR as he intended to push V.

NOTE – The element of causing actual bodily harm is relevant only to the actus reus of this offence and not the mens rea; there is strict liability in this aspect. (i.e., if a defendant intends to the physical assault, but not the harm, he/she is still liable.