3. Offences Against the Person

Question 1

When does assault occur?

Answer 1

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

Apprehension must be immediate or that victim fears that force could occur immediately.

Conditional threat satisfies assault if threat deemed immediate

Question 2

Does the victim need to be afraid?

Answer 2

No. Apprehension goes to belief, not fear. (Victim needs to apprehend [i.e. be aware of it] any unlawful force caused to them)

Even violence isnt needed just apprehension

Question 3

Can words amount to an assault?

Answer 3

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

Question 4

How can words negate assault?

Answer 4

When they stop the victim from believing a battery is imminent

Question 5

Can a conditional threat/silence be an assault?

Answer 5

Yes, because victim can have the apprehension that the battery will occur if the condition is met

Silence can be assault depending on fact (for example repeated silent call, pattern of contact)

Question 6

How is intent and recklessness applied to assault?

Answer 6

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 (subjective test from defendant pov)

Question 7

When does battery occur?

Answer 7

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

Battery and assaukt are common law offenses

Question 8

Can indirect contact amount to battery?

Answer 8

Yes, contact can be direct and indirect
Direct: u touch victim
Indirect: throw item at victim, cycle over their foot, set dogs on them, place obstacle behind door so victim trips

Question 9

What is an example of how battery can be delayed?

Answer 9

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

Question 10

How can a battery arise by omission, and why?

Answer 10

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.

Question 11

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

Answer 11

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 12

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

Answer 12

Same as assault or battery plus causing actual bodily harm

Question 13

How can assault lead to a charge of ABH?

Answer 13

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

Question 14

What is actual bodily harm?

Answer 14

Any harm or injury, more than merely trifling, which interferes with the health or comfort of the victim, including psychiatric injury

Question 15

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

Answer 15

There are none

Question 16

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

Answer 16

No, mens rea is not needed.

Question 17

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

Answer 17

Causing a wound or grievous bodily harm

Question 18

What is a wound?

Answer 18

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

Question 19

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

Answer 19

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

Question 20

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

Answer 20

Intention to cause, or recklessness regarding, **some harm **

Question 21

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

Answer 21

1. Intent to cause serious harm, or
2. Recklessness as to some harm and intention to resist lawful arrest (police officer victim)

Under option 1, intent to cause GBH can be proved via clear planning, use of a weapon or repeated punching or stamping

Under option 2, section 20 GBH is essentially upgraded to the more serious section 18 just because you resisted arrest.

Question 22

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

Answer 22

Consent must be:

1. Expressed or implied to defendant in a legally recognised manner, and
2. Given an adult with sufficient capacity, freedom, and information to make an actual choice, and
3. Must concern a legally valid category of consent, otherwise consent is invalid

Question 23

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

Answer 23

1. Surgery
2. Dangerous exhibitions (circus)
3. Piercing/tattooing
4. Sports

Question 24

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 24

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

Question 25

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

Answer 25

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

Question 26

What is test for consent of a non-fatal offence?

Answer 26

Consent must be informed. Example: V agreed intercourse with a person not knowing they have aids would not satisfy this test.

Question 27

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

Answer 27

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

Question 28

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

Answer 28

When it is within a marital context

Question 29

What is the hierarchy of assaults?

Answer 29

Least to most serious 1. Assault 2. Battery 4. Assault occasioning actual bodily harm 5. Maliciously wounding or inflicting grievous bodily harm 6. Wounding or causing grievous bodily harm with intent

Question 30

What is the classification and maximum sentence for assault and battery?

Answer 30

Classification: Summary only Max. sentence: 6 months prison and/or fine.

Question 31

What is the classification and maximum sentence for ABH and GBH?

Answer 31

Classification: Either way Max. sentence: 5 years prison.

Question 32

What is the classification and maximum sentence for GBH?

Answer 32

Classification: Indictable only Max. sentence: Life imprisonment

Question 33

What are the two assault that derive from common law?

Answer 33

1. simple assault - technical assault 2. battery - physical assault.

Question 34

When is obtained consent invalid?

Answer 34

if it is obtained by fraud as to the identity of D _OR_ fraud as to the nature and quality of the act.

Question 35

What is the rule on words or silence for assault?

Answer 35

Can be sufficient to cause apprehension of violence.

Question 36

What is the requirement of immediacy in assault?

Answer 36

Apprehension of harm must be immediate - some time not excluding the immediate future.

Question 37

How can conditional threats amount to assault?

Answer 37

D can be liable if conditional threat also satisfies the ‘immediacy’ requirement.

Question 38

Who has the burden of proof for defence?

Answer 38

Prosecution must disprove.

Question 39

What is the max sentence the Magistrates' Court can impose?

Answer 39

One offence: 6 months imprisonment. Two unrelated either-way offences: 12 months imprisonment.

Question 40

What is the charge If defendant has consensual unprotected intercourse with people while knowingly having HIV

Answer 40

This will be deemed as INFLICTING GBH provided they test positive for HIV later on