3. Non-Fatal Offences Against the Person

Question 1

Name the different non-fatal offences against the person

Answer 1

Assault, Battery, S47 ABH (assault occasioning actual bodily harm), Section 20 GBH & Section 18 GBH

Question 2

What is required for the offence of assault to occur?

Answer 2

When defendant intentionally or recklessly causes another person to apprehend immediate unlawful personal force (i.e. a battery)

Question 3

What is the actus reus of assult?

Answer 3

Causing a person to apprehend immediate unlawful violence

Question 4

What level of offence is assault?

Answer 4

Lowest level offence (out of non-fatal offences against the person)

Question 5

Is assault a crime of basic or specific intent?

Answer 5

Basic- mens rea can be satisfied through recklessness

Question 6

Does the victim need to be afraid?

Answer 6

No. Apprehension goes to belief, not fear.

Question 7

Can words amount to an assault?

Answer 7

Yes, if they cause the victim to believe a battery is imminent

Question 8

Can silence amount to assault?

Answer 8

Yes, provided they cause a person to apprehend immediate unlawful personal violence

Question 9

Explain the requirement that the apprehension of unlawful force must be immediate

Answer 9

The victim must apprehend that at some point- could be here and now, could be some point in the future, the victim will be subject to unlawful personal violence

Question 10

How can words negate assault?

Answer 10

When they stop the victim from believing a battery is imminent- ‘If I weren’t such a good person, I would stab you’

Question 11

Can a conditional threat be an assault?

Answer 11

Yes, because victim can have the apprehension that the battery will occur if the condition is met: ‘I’ll break your neck if you don’t leave my property’

Question 12

What is the MR for assault?

Answer 12

Intent: Defendant intends the victim to apprehend a battery, or
Recklessness: Defendant foresees the risk that their actions could make the victim apprehend a battery and this risk is unreasonable

Question 13

When does battery occur?

Answer 13

When defendant intentionally or recklessly applies unlawful personal force to another person

Question 14

Is personal violence required to amount to unlawful personal force?

Answer 14

No- mere touching can suffice if the touching is unlawful

Question 15

Can indirect contact amount to battery?

Answer 15

Yes, contact can be direct and indirect

e.g. digging holes for victim to fall into later

Question 16

What is an example of how battery can be delayed?

Answer 16

If defendant sets a trap for the victim, which eventually causes unlawful force to be applied to the victim

Question 17

How can a battery arise by omission, and why?

Answer 17

Defendant applies force accidentally without intent or recklessness, but then refuses to remove the force, because at this point the actus reus and mens rea fuse.

E.g. running over someone’s foot by accident, but then refusing to move

Question 18

What are the two requirements to consent to assault or battery?

Answer 18

Consent must be:

1. Expressed or implied to defendant, and
2. Given by someone with sufficient capacity, freedom, and information to make an actual choice

Question 19

What is the actus reus of section 47 assault occasioning actual bodily harm?

Answer 19

The defendant must commit an assault or battery which causes the victim to suffer actual bodily harm

Question 20

How can assault lead to a charge of ABH?

Answer 20

If victim reasonably harms themselves while escaping the battery they are apprehending because of the defendant’s assault

Question 21

What is actual bodily harm?

Answer 21

1. Any hurt or injury,
2. more than merely trifling,
3. which interferes with the health or comfort of the victim,
4. including psychiatric injury

Question 22

What are the additional mens rea requirement for section 47 ABH beyond those of assault or battery?

Answer 22

There are none

Question 23

Does a defendant need to intend to cause or be reckless as to ABH?

Answer 23

No- the MR is that of either assault or battery

Question 24

What is the actus reus for both section 20 and section 18 wounding or inflicting grievous bodily harm?

Answer 24

Causing a wound or grievous bodily harm

Question 25

What is a wound?

Answer 25

An injury where both layers of skin are broken *(bruising not enough)*

Question 26

What are the two types of GBH offence, and which is more serious?

Answer 26

1. Section 20 GBH 2. Section 18 GBH *(more serious)*

Question 27

What is the mens rea for the less serious section 20 GBH?

Answer 27

Intention to cause, or *recklessness* regarding, **some harm** No need to foresee the specific type or seriousness of harm caused

Question 28

What are the two mens rea options for the more serious section 18 GBH, and what is the effect of the second option?

Answer 28

1. **Intent** to cause **serious harm**, *or* 2. Recklessness as to **some harm** and intention to resist lawful arrest Under option 2, section 20 GBH is essentially upgraded to the more serious section 18 just because you resisted arrest.

Question 29

What is the general rule regarding a victim's ability to consent to injury?

Answer 29

Generally, victims cannot consent to injury

Question 30

What are the three requirements to consent to ABH, or either GBH?

Answer 30

Consent must be: 1. Expressed or implied to defendant in a legally recognised manner, and 2. Consent needs to be free and informed 3. Must concern a **legally valid category of consent**, *otherwise consent is invalid*

Question 31

What are the four situations where consent to ABH or GBH is allowed?

Answer 31

1. Surgery 2. Body modification 3. Religious practices 4. Sports

Question 32

More flexible than tort, will the law interfere if the harm is caused by actions *just outside* the rules of the game of sport?

Answer 32

No, unlike tort where consent to battery requires conduct within the rules.

Question 33

In sports, when will implied consent not be available and what are obvious exceptions to this?

Answer 33

If a player intentionally causes injury, with the exception of sports like boxing or martial arts

Question 34

What is required for a person to fully consent to the risk of sexual infection?

Answer 34

The infected person must fully inform them-consent must be free and informed

Question 35

When is it a criminal offence to transmit a sexual infection?

Answer 35

If the infected person is aware and the other is not, and the infected person intends to transmit the infection

Question 36

Whilst courts will generally not entertain consent to harm in a sadomasochistic context, when will they refuse to interfere?

Answer 36

When it is within a marital context