5 - Non-fatal offences against the person

Question 1

What is the definition of common assault?

Answer 1

Where the D intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence

Question 2

What is the maximum punishment for Common assault?

Answer 2

6 months in prison and/or £5000 fine

Question 3

What is the actus reus of Common assault?

Answer 3

It requires a positive act that causes the victim to apprehend immediate unlawful personal violence.

Question 4

What is a positive act?

Answer 4

For example, raising a fist or making a threat

Question 5

Constanza 1997

Answer 5

Common assault - a positive act can be words - 800 letters

Question 6

Ireland 1997

Answer 6

Common assault - a positive act doesn’t even need to be words - would call the victims and just breath down the phone

Question 7

Common assault - Apprehending immediate unlawful personal violence

Answer 7

The V must apprehend that immediate force is going to be used against them.
If there is no possibility of carrying out the threats then there is no assault

Question 8

Lamb 1967

Answer 8

Common assault - pointing an unloaded gun when the victim knew that it wasn’t loaded

Question 9

What must force also be in common assault?

Answer 9

unlawful! - for example not in self defense

Question 10

Mens rea for common assault

Answer 10

Intention to cause another to fear immediate unlawful personal violence
OR
Recklessness as to whether such fear is caused

Question 11

What kind of offence is Common assault?

Answer 11

A basic intent offence

Question 12

What is the definition of battery?

Answer 12

where the defendant intentionally or recklessly applies unlawful force upon a victim.

Question 13

Force

Battery

Answer 13

Can be the slightest touch
Thomas 1985 –
even the touching of a skirt can amount to actus reus of battery

Question 14

Actus reus of battery

Answer 14

applicatiuon if unlawful phsycial force

Question 15

Sentencing for battery

Answer 15

max 6 months imprisonment

Question 16

How may actus reus for battery occur

Answer 16

ommisions
unlawful force
continuing act
indirect act

Question 17

Mens rea of battery

Answer 17

The intention to apply unlawful force to another or
Recklessness as to whether unlawful force is applied

Test for recklessness is subjective

Question 18

The test for recklessness

Answer 18

The defendant must realise that there is a risk that his act or omission could cause unlawful force to be applied to another as per Cunnignham

Question 19

S47 OAPA 1861

Answer 19

Assault occasioning actual bodily harm -
Any hurt or injury calculated to interfere with the health or comfort of the victim

Question 20

examples of S47

Answer 20

Bruising
Scratches
Broken finger / nose
Psychiatric harm – not just “mere emotions like fear, distress and panic”

Question 21

Actus reus of s47

Answer 21

must prove assault or battery
caused
ABH(Any hurt or injury calculated to interfere with the health or comfort of the victim)

Question 22

Ireland 1997

Answer 22

guilty of s47 as D caused his victims to fear personal violence and then this caused his V to have psychiatric illness’

S47

Question 23

Mens rea for s47

Answer 23

D must:
Intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force.

Question 24

Roberts 1971 –

Answer 24

jumped from the car. D had not intended the injury or realised there was a risk of injury however he had intended to apply unlawful force when he touched her

s47

Question 25

Punishment for s47

Answer 25

max 5 years inprisonment

Question 26

S20-GBH

Answer 26

Unlawfully and maliciously wound or inflict any GBH **It requires a higher degree of injury and mens rea than s47 **

Question 27

Punishment for s20

Answer 27

5 years prison max

Question 28

Wounding s20

Answer 28

cut or break the continuity of the skin

Question 29

Causing GBH s20

Answer 29

really srious harm such as long term/permenant injury

Question 30

Bollom 2004 | s20

Answer 30

– 17 month child – bruising could amount to GBH if against someone “vulnerable”

Question 31

Mens rea s20

Answer 31

The D must have the intention to cause or be reckless as to the causing of **some harm** An intention to do the particular kind of harm that was in fact done; or Recklessness as to whether such harm should occur or not (i.e. the D has foreseen that the particular kind of harm might be done and yet gone on to take the risk anyway

Question 32

S18 - GBH and wounding

Answer 32

Wound or cause any grievous bodily harm to any person with intent Or With intent to resist or prevent the lawful apprehension or detainer of any person

Question 33

Punishemnt for s18

Answer 33

up to life inprison

Question 34

actus reus for S18

Answer 34

wounding/gbh

Question 35

Mens rea for s18

Answer 35

Specific intent offence The D must be proved to have intended to: Cause some GBH or Resist or prevent the lawful apprehension or detainer of any person

Question 36

Taylor 2009 | s18

Answer 36

V was found with scratches across his face and stab wound in his back. However they were relatively minor and it was not clear from the evidence if there was clear intention to cause GBH – causing a wound was not enough to infer intention

Question 37

Intention for s18

Answer 37

Intention cannot be found unless the harm caused was a virtual certainty as a result of the D actions and the D realised that this was so