Assault Flashcards
(34 cards)
Range of Assaults
Seriousness in descending order:
-Common Assault
-Common Assault - Battery and assault on emergency worker
-Actual Bodily Harm (ABH)
-Grievous Bodily Harm (GBH)
-Grievous Bodily Harm With Intent
-Murder
Define Assault
Common Assault - Any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence
Not defined in statute (Fagan v Met Police Commissioner [1968])
Define Battery
Any intentional or reckless infliction of unlawful force or personal violence
Intention (Assault)
Deliberate act
No requirement to prove a particular injury was caused
It is the act rather than the injury hat must be intended
Recklessness
-Unjustifiable risk
-The defendant must realise the risk but take it anyway
“Any Act” - Assault
-Can be words, said or written.
-Anything that causes fear of possible violence is enough of an act, as long as it is about to happen.
Lord Steyn, R v Ireland [1998]
R v Constanza [1997]
R v Miller [1954]
R v Chan-Fook [1994]
Apprehend immediate unlawful personal violence
No contact is needed for an assault, victim must fear/apprehend the use of immediate unlawful force against them. (Doesn’t have to be fearful, just a desire not to be assaulted)
What consent can be given for assault?
Consent can be given in martial arts, contact sports.
The force used must be legal (not bare knuckle fighting/dueling), not excessive and consent should be true.
What makes use of force lawful? ( Assault)
Lawful correction (no hitting children, but reasonable force for restraining violent pupils is okay)
Self Defence
Execution og duty
Sentencing for Common assault and battery
Summary Only - 6 months imprisonment and/or fine
Assault Occasioning Actual Bodily Harm (ABH) - S.47 Offences Against the Person Act 1861
Intentionally or recklessly assault any person thereby occasioning them ABH
What is Actual Bodily Harm?
-Any hurt that interferes with health or comfort but not to a considerable degree
-Includes Loss of consciousness and can be mental hurt (expert evidence needed)
Examples of ABH
Damaged teeth/bones
Extensive bruising/swelling
Cuts requiring stitches
Loss of sensory functions
Loss of consciousness
ABH Sentencing
Either Way Offence
Summary - 6 months imprisonment and/or fine
Max - 5 years imprisonment on indictment
Grievous Bodily Harm (GBH) - S.20 Offences Against the Person Act 1861
A person commits an offence who unlawfully and maliciously wounds or inflicts GBH, with or without a weapon or instrument
What is Unlawful? (GBH)
-Acting without authority
-Using unreasonable force (in self-defence or as a police officer)
What is Malicious? (GBH)
-Intentionally or reckless
-Defendant must realise there is a risk of harm but took the risk anyway
-Defendant does not need to foresee the degree of harm
What is Wounding? (GBH)
-All layers of skin need to be broken
-Skin inside mouth is split
-Abrasion would be insufficient
Inflict GBH
-Really serious bodily harm
-Not a minor injury, must cause a great deal of discomfort or be long-lasting.
Grievous Bodily Harm With Intent - S.18 Offences Against the Person Act 1861
The offence is committed where a person unlawfully and maliciously and by any means, wounds or causes GBH with intent to either do GBH to some person or with intent to resist or prevent the lawful apprehension or detainer of any person
“By Any Means” (GBH with Intent)
Harm caused by deliberate application of force
Does not have to be actual contact (Mental hurt)
Intent (GBH with Intent)
-Means deliberate
-Recklessness is not enough
-Intention to cause harm or resistant/prevent apprehension/detention
R v Belfon [1976]
GBH Injuries
-Permanent Disability
-Visible disfigurement
-Broken or displaced limbs/bones
-Substantial blood loss
-HIV infection
-Injuries relating to lengthy treatment
S.20 GBH Sentencing
Either Way Offences
Summary - 6 months imprisonment and/or fine
Indictable - 5 years imprisonment
