Criminal 3 - Assault

Question 1

What is the order of offences based on seriousness from lowest to highest?

Answer 1

• Assault
• Battery
• Assault occasioning Actual Bodily Harm
• Maliciously wounding/inflicting Grievous Bodily Harm
• Wounding or causing Grievous Bodily Harm with intent

This order reflects the legal hierarchy of assaults as defined in the SQE Criminal Law Manual.

Question 2

What is the statute under which Assault is charged?

Answer 2

s 39 CJA 1988

Assault is a common law offence but is charged under the specified section of the Criminal Justice Act 1988.

Question 3

What is the maximum sentence for Assault?

Answer 3

6 months’ imprisonment and/or a fine

This applies to the common law offence of Assault as charged under s 39 CJA 1988.

Question 4

What is the classification of Battery?

Answer 4

Summary only

Battery is also charged under s 39 CJA 1988 and is classified as a summary offence.

Question 5

What is the maximum sentence for Battery?

Answer 5

6 months’ imprisonment and/or a fine

This is the maximum penalty for the offence of Battery.

Question 6

What statute governs Assault occasioning Actual Bodily Harm?

Answer 6

$ 47 OAPA 1861

This statute outlines the legal framework for the offence of Assault occasioning Actual Bodily Harm.

Question 7

What is the classification of Assault occasioning Actual Bodily Harm?

Answer 7

Either way

This means it can be tried as either a summary or an indictable offence.

Question 8

What is the maximum sentence for Assault occasioning Actual Bodily Harm?

Answer 8

5 years’ imprisonment

This applies under the OAPA 1861.

Question 9

What is the statute for Maliciously wounding or inflicting grievous bodily harm?

Answer 9

$ 20 OAPA 1861

This statute addresses the offence of maliciously wounding or inflicting grievous bodily harm.

Question 10

What is the classification of Maliciously wounding or inflicting grievous bodily harm?

Answer 10

Either way

Similar to Assault occasioning Actual Bodily Harm, it can be tried in different courts.

Question 11

What is the maximum sentence for Maliciously wounding or inflicting grievous bodily harm?

Answer 11

5 years’ imprisonment

This is the maximum penalty under the OAPA 1861.

Question 12

What is the statute for Wounding or causing grievous bodily harm with intent?

Answer 12

$ 18 OAPA 1861

This statute pertains to the most serious form of assault.

Question 13

What is the classification of Wounding or causing grievous bodily harm with intent?

Answer 13

Indictable only

This classification means it can only be tried in a Crown Court.

Question 14

What is the maximum sentence for Wounding or causing grievous bodily harm with intent?

Answer 14

Life imprisonment

This reflects the severity of the offence under the OAPA 1861.

Question 15

What are the two types of assaults that derive from common law?

Answer 15

• Simple assault (technical assault)
• Battery (physical assault)

These two offences are collectively referred to as common assault.

Question 16

What is the Actus Reus of Simple Assault?

Answer 16

• Assault must be unlawful
• Victim must apprehend unlawful force/violence
• Defendant must cause this apprehension immediately

These elements define the unlawful nature of Simple Assault.

Question 17

What is the Mens Rea of Simple Assault?

Answer 17

• Defendant must intend to cause apprehension of immediate and unlawful personal force
• Or be reckless as to whether such apprehension was caused

The test for recklessness is subjective, meaning the defendant must foresee the risk personally.