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Assaults Flashcards

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1
Q

What is the definition of assault in the context of criminal law?

A

Assault is any act that intentionally or recklessly causes another person to apprehend immediate and unlawful personal force.

Classic definition from Fagan v Metropolitan Police Commissioner [1969] 1 QB 439.

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2
Q

What are the two common law assault offences?

A
  1. Simple assault
  2. Physical assault

Collectively known as common assault.

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3
Q

What is the maximum sentence for simple assault under the Criminal Justice Act 1988?

A

6 months’ imprisonment and/or a fine.

Statute does not include a definition of assault.

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4
Q

What is the actus reus of simple assault?

A

Causing the victim to apprehend immediate and unlawful personal force.

Not all assaults are unlawful; reasonable force is permissible in certain circumstances.

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5
Q

Which case established that words alone can constitute an assault?

A

R v Ireland [1997] 3 WLR 534.

Words can be more intimidating than actions.

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6
Q

What constitutes a conditional threat in the context of assault?

A

A threat that depends on the victim’s actions, such as ‘If you do not shut up, I will slap you’.

The threat restricts the victim’s personal liberty.

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7
Q

What is the mens rea for simple assault?

A

The defendant must intend to cause apprehension of immediate unlawful personal force or be reckless as to whether such apprehension is caused.

Reference case: R v Venna [1976] QB 421.

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8
Q

What is the difference between simple assault and physical assault?

A

Simple assault is causing apprehension of immediate unlawful personal force; physical assault is the infliction of that force.

Physical assault is also referred to as battery.

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9
Q

What is the actus reus of physical assault?

A

The infliction of unlawful personal force on the victim.

This can include direct and indirect applications of force.

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10
Q

What is the mens rea for physical assault?

A

Intention or recklessness as to the infliction of unlawful force on another person.

No need to show intent or recklessness regarding causing injury.

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11
Q

What is the statutory basis for assault occasioning actual bodily harm?

A

Offences Against the Person Act (OAPA) 1861, s 47.

Statutory offences have modern meanings despite old-fashioned language.

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12
Q

True or False: A victim must be frightened to establish simple assault.

A

False.

The victim must only apprehend unlawful force, not necessarily fear it.

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13
Q

Fill in the blank: The classification of assault offences reflects a _______ of severity.

A

sliding scale.

Ranges from simple assault to wounding or causing grievous bodily harm with intent.

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14
Q

What is an example of indirect physical assault?

A

Deliberately placing an obstacle behind a door so the victim trips over it.

Reference case: DPP v K [1990] 1 WLR 1067.

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15
Q

What must be proven for a physical assault to be established?

A

The application of unlawful personal force, regardless of harm or injury.

The degree of force required is very slight.

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16
Q

What is the significance of the case Haystead v Chief Constable of Derbyshire [2000]?

A

Established that indirect application of force can constitute physical assault.

The defendant was guilty of physical assault on a baby when he punched the baby’s mother.

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17
Q

What is the maximum sentence for assault occasioning actual bodily harm under OAPA 1861, s 47?

A

Five years’ imprisonment

The offence is triable either way in magistrates’ court or Crown Court.

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18
Q

What are the three elements of the actus reus for s 47 of OAPA 1861?

A
  • An assault
  • Which occasions (causes)
  • Actual bodily harm
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19
Q

According to R v Miller [1954], how is actual bodily harm defined?

A

Any hurt or injury calculated to interfere with the health or comfort of the victim

The harm must be more than transient or trifling.

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20
Q

What constitutes actual bodily harm in terms of examples?

A
  • Split lip
  • Significant bruising
  • Temporary loss of consciousness
  • Substantial cut of hair
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21
Q

What is the significance of the Crown Prosecution Service’s Charging Standard Code in relation to s 47?

A

It helps decide what offence to charge based on the severity of injuries

Examples include significant medical intervention or permanent effects.

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22
Q

True or False: Actual bodily harm can include psychiatric injury.

A

True

It must be a recognisable clinical condition.

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23
Q

What is the mens rea for s 47 of OAPA 1861?

A

Intention or recklessness as to the assault

There is strict liability regarding the causing of actual bodily harm.

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24
Q

In R v Savage; R v Parmenter, what was determined about the mens rea for s 47?

A

It is sufficient for the defendant to intend or be reckless as to the assault only.

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25
What is the maximum sentence for wounding or inflicting grievous bodily harm under OAPA 1861, s 20?
Five years’ imprisonment ## Footnote This offence is also triable either way.
26
What does the actus reus of s 20 entail?
Unlawfully wound or inflict grievous bodily harm ## Footnote A wound requires both layers of skin to be broken.
27
What is the legal definition of grievous bodily harm?
Really serious harm ## Footnote The jury must decide if the injuries amount to really serious harm.
28
What does 'maliciously' mean in the context of mens rea for s 20?
Intention or recklessness ## Footnote It does not imply spite or ill will.
29
What are the four variations of committing an offence under s 18 of the OAPA 1861?
* Unlawfully and maliciously causing grievous bodily harm with intent * Unlawfully and maliciously wounding with intent * Unlawfully and maliciously causing grievous bodily harm with intent to resist or prevent lawful apprehension * Unlawfully and maliciously wounding with intent to resist or prevent lawful apprehension
30
What is the most serious non-fatal offence against the person under OAPA 1861?
Wounding or causing grievous bodily harm with intent (s 18) ## Footnote The maximum sentence is life imprisonment.
31
In the context of s 18, what is required for the mens rea?
Intent to cause grievous bodily harm ## Footnote This applies to both ordinary and police officer victims.
32
What constitutes a wound according to legal definitions?
Both layers of the skin must be broken ## Footnote Cuts of any size that draw blood can be considered wounds.
33
What is the difference between actual bodily harm and grievous bodily harm in terms of legal definitions?
Actual bodily harm is less severe than grievous bodily harm, which requires serious injury.
34
What is the actus reus for a s 18 assault involving an 'ordinary' victim?
1. AR –​ wound; MR –​ intention to cause GBH 2. AR –​ GBH; MR –​ intention to cause GBH
35
What is the actus reus for a s 18 assault involving a 'police officer' victim?
1. AR –​ wound; MR –​ intention to resist/prevent arrest and intention/​recklessness as to causing ABH 2. AR –​ GBH; MR –​ intention to resist/prevent arrest and intention/​recklessness as to causing ABH
36
What are the two ways of committing the actus reus of the offence under s 18?
1. By wounding 2. By causing grievous bodily harm to a person
37
What is the key difference between 'inflicting' and 'causing' grievous bodily harm?
'Cause' is wider than 'inflict'; no practical distinction for the purposes of actus reus of ss 20 and 18
38
What is the mens rea required for a s 18 assault?
Intention to cause grievous bodily harm or to resist/prevent the lawful apprehension of any person
39
True or False: An intention to cause lesser harm or a wound suffices for a s 18 assault.
False
40
What must the prosecution prove if the defendant intended to resist or prevent arrest in a s 18 assault?
The defendant 'maliciously' caused some bodily harm
41
What defines a valid consent in criminal law?
Victim must know the identity of the assailant and the nature of the act
42
In what case was consent deemed invalid due to lack of informed consent regarding HIV?
R v Dica [2004] 3 All ER 593
43
What is the general rule regarding consent as a defense to statutory assaults?
Consent is not available to any assault where harm is intended or caused
44
What was the conclusion of the Court of Appeal in R v Konzani regarding consent?
Consent must be informed; knowing risks of sexual intercourse does not imply consent to risk of HIV
45
What constitutes the actus reus in the example of Poppy's actions towards PC Gore?
Poppy has the actus reus as she has wounded the officer by cutting his face
46
Fill in the blank: The mens rea of s 18 requires an intent to cause _______.
grievous bodily harm
47
What does the term 'maliciously' refer to in the context of resisting arrest?
Intentionally or recklessly causing some bodily harm
48
What is the significance of the case R v Clarence regarding informed consent?
Consent does not have to be fully informed to be valid; knowing the act's identity suffices
49
What happens if the victim is tricked into giving consent?
The consent may be deemed invalid
50
What was the outcome of the fist fight between the two youths?
The victim sustained bruises to his face and a bleeding nose.
51
What did the court hold regarding consent as a defense under s 47 of the OAPA 1861?
Consent is not a defense as it is not in the public interest that people should cause each other actual bodily harm for no good reason.
52
List examples where consent is a valid defense to an assault causing harm.
* Surgical operations * Dangerous exhibitions * Properly conducted sports * Lawful activities like tattooing and ear-piercing
53
In the case of R v Barnes, what did the Court of Appeal state regarding criminal conviction in sports?
Criminal conviction is reserved for situations where the conduct is sufficiently grave to be properly categorized as criminal.
54
What factors determine the level of criminality in sporting activities according to the Court of Appeal?
* Type of sport * Level at which it is played * Nature of the act * Degree of force used * Extent of the risk of injury * State of mind of the defendant
55
What was the significance of the case R v Brown regarding consent?
It confirmed that consent cannot be a defense for sado-masochistic activities causing harm.
56
What did the European Court of Human Rights conclude in Laskey v UK regarding sado-masochism?
It held that the state's interference was necessary for the legitimate aim of protecting health.
57
What was the outcome of R v Wilson regarding consent in marital activities?
The appeal was granted as there was no public interest argument against consensual activity between a husband and wife.
58
In R v Emmett, why was consent not considered a defense?
The court ruled that there was a realistic risk of harm beyond a merely transient or trivial injury.
59
What was ruled in R v BM regarding body modification?
Consent to serious, irreversible injuries like body modification is not a valid defense.
60
What must consent be, according to the overview of consent?
Consent must be valid and given by a fully informed and competent person.
61
What is the legal implication of implied consent in simple and physical assault?
Consent is implied provided no harm is intended or caused.
62
What does the case of R v Dica indicate about private sexual activity?
Private sexual activity is not unlawful just because there is a known risk to health.
63
What is the first step in analyzing criminal liability for assault?
Discuss the most serious offence the defendant could reasonably be liable for.
64
What constitutes the actus reus for a s 18 offence under the OAPA 1861?
Causing grievous bodily harm.
65
What is the mens rea required for a s 20 offence under the OAPA 1861?
Intention or recklessness as to the causing of some harm.
66
What is the significance of the phrase 'beyond a merely transient or trivial injury' in legal context?
It indicates that consent is not a defense if there is a risk of serious harm.
67
What is the actus reus of simple assault?
Acts or words that cause the victim to apprehend immediate and unlawful personal force ## Footnote This is defined under common law and CJA 1988, s 39.
68
What is the mens rea required for simple assault?
Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force ## Footnote This means the perpetrator must either intend to cause fear or be reckless about causing it.
69
What constitutes battery (physical assault)?
Infliction of unlawful personal force upon the victim ## Footnote Defined under common law and CJA 1988, s 39.
70
What is the mens rea for battery?
Intention or recklessness as to the infliction of unlawful personal force ## Footnote The perpetrator must intend to apply force or be reckless about it.
71
What does s 47 OAPA 1861 cover?
Simple or physical assault causing actual bodily harm (which can include psychiatric harm) ## Footnote This section allows for the inclusion of psychological injuries as actual bodily harm.
72
What is the mens rea for s 47 OAPA 1861?
Intention or recklessness as to the simple or physical assault ## Footnote The defendant does not need to foresee the actual bodily harm.
73
What does s 20 OAPA 1861 address?
Wounding or inflicting grievous bodily harm (which can include really serious psychiatric harm) ## Footnote This section requires a higher level of harm than s 47.
74
What is the mens rea for s 20 OAPA 1861?
'Maliciously' ie intention or recklessness as to actual bodily harm ## Footnote The perpetrator must have intended or been reckless regarding causing actual bodily harm.
75
What does s 18 OAPA 1861 entail?
Would or cause grievous bodily harm ## Footnote This section holds a higher standard of intent compared to s 20.
76
What is the mens rea for s 18 OAPA 1861?
Intention to cause grievous bodily harm or 'maliciously' ie intention or recklessness as to actual bodily harm plus intent to resist/prevent arrest ## Footnote This indicates a dual layer of intent regarding harm and arrest.
77
True or False: Mateus is guilty of simple assault.
True ## Footnote Mateus caused George to apprehend immediate unlawful force through his actions and words.
78
Fill in the blank: Mild clinical depression may constitute the actual bodily harm element in a _______ assault.
s 47 OAPA 1861 ## Footnote This is based on the connection between the physical assault and the resulting psychological harm.
79
What is a key point regarding the controversial areas of criminal law?
Appreciate how some areas of the criminal law remain controversial ## Footnote This suggests ongoing debates and differing opinions on legal interpretations.

Criminal Law (11 decks)

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