Assaults

Question 1

Hierarchy of assaults

Answer 1

1. **Assault **: s39 CJA - Summary only: 6 months imprison and/or fine
2. Battery: s39: summary only: 6 months
3. Assault occasioning actual bodily harm s47 OAPA: eitherway, 5 years
   4.** Maliciously wounding or inflictiong grievous bodily harm: **20 OAPA: either way 5 years
4. Wounding or causing grievous bodily harm with intent: 18 OAPA indictable only, life imprisonment

Question 2

Simple assault

Answer 2

1. Actus Reus: causing V to apprehend immediate and unlawful personal force
   - no touching is required
   - V only need to be aware of immediate force
   - may be by words or silence
   - may be conditional threats if it satisfy the immediate test
2. Mens rea: must be intentional or reckless (D must personally foresee the risk and go on to take it) as to causing the V to apprehend immediate and unlawful personal force.

Question 3

Battery

Answer 3

1.** Actus reus**: infliction of unlawful personal force by the accused upon the victim:
- by direct bodily contact
- by indirect: throw an object/spits at V, cycles over foot, set the dog on V

2. Mens rea: the D must have intended or foreseen the actual infliction of unlawful force (not just V apprehension)

Question 4

Assault occasioning actual bodily harm OAPA 1861 s47

Answer 4

1. Actus reus: simple assault/battery that causes actual bodily harm
   - bodily harm : even a bruise or swelling may suffice (should not be too minor)
   - mental harm: psychiatric condition must be a recognisable clinical condition (for e.g. anxiety neurosis, reactive depression)
2. Mens rea: D must intend or be reckless as to simple assault or battery only (they do not need to intend or be reckless as to specific injury suffered.

Question 5

Wounding or inflicting grievous bodily harm (OAPA 1861, s 20)

Answer 5

1. Actus reus: defendant unlawfully wounds or unlawfully inflict grievous - - grievous bodily harm: should be serious (ordinary meaning): e.g. fractured skull, severe internal injuries, broken limbs.
   wounding: breaking of both layers of skin resulting in bleeding (small cut could be sufficient but unlikely charged as such)
   2. Mens rea:
   D must intend or reckless as to a bodily harm (but no need to prove that D intended or foresaw really serious harm

Question 6

Wounding or causing grievous bodily harm with intent (OAPA 1861 s 18)

Answer 6

1. Actus reus: unlawfully wounding or causing grievous bodily harm to a person
2. Mens rea:
   (a) with intent to cause grievous bodily harm
   (b) with intent to resist or prevent an arrest, coupled with intention or recklessness as to causing some bodily harm

Question 7

Consent as a defense

Answer 7

1. Consent can amount to a defence to simple assault or battary
2. General rule: consent is not available as a defence to any assault where hare is intended or caused
3. Exceptions to general rule:
   a. Surgery
   b. dangerous exhibitions : circus act
   c. Sport provided properly conducted
   d. Ear piercing and tattooing.
   There is no limit to exceptions: sado masochism and body modifications
4. Valid consent
   a. consent is only valid if it is freely given by a fully informed and competent adult
   b. consent is not valid if it is obtained by fraud as to identity of defendant or fraud as to nature and quality of the act.