Non-fatal Offences against the Person

Question 1

Definition of assault

Answer 1

Where the accused ‘intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence’ Fagan v MPC, confirmed in R v Ireland, Burstow

Question 2

AR for assault

Answer 2

Apprehension of immediate and personal violence - defendant must cause victim to believe he can and will carry out the threat of force

Question 3

No assault as victim did not fear possible infliction of violence

Answer 3

R v Lamb

Question 4

If victim is caused to apprehend a threat, it is irrelevant that the defendant does not in fact have the means to carry out the threat

Answer 4

Logdon v DPP (fake gun)

Question 5

Threat can be made by actions or words

Answer 5

R v Wilson

Question 6

Silence can be an assault

Answer 6

R v Ireland, Burstow

Question 7

Words can negate an assault

Answer 7

Tuberville v Savage

Question 8

Threat of violence must be immediate = imminent

Answer 8

Smith v Superintendent of Woking Police

Ireland, Burstow

Question 9

Victim must apprehend physical violence, NOT psychological harm

Answer 9

Ireland, Burstow

Question 10

Mens rea for assault

Answer 10

R v Venna - intention or recklessness as to causing the victim to apprehend immediate and unlawful violence

R v Savage; Parmenter - Cunningham recklessness

Question 11

Definition of battery

Answer 11

“The actual intended use of unlawful force to another person without his consent” Fagan v MPC; confirmed in Ireland

Question 12

AR of battery

Answer 12

Application of force

Question 13

Force includes the merest touching

Answer 13

Collins v Wilcock

Question 14

Touching a person’s clothes whilst he’s wearing them equates to touching them

Answer 14

R v Thomas

Question 15

Application of force need not be aggressive

Answer 15

Faulkner v Talbot

Question 16

Force need not be applied directly

Answer 16

Haystead v DPP (D pushed woman holding baby = battery to baby)

DPP v K

Question 17

Battery is the appropriate charge for…

Answer 17

Scratches, abrasions, minor bruising, swelling, reddening of the skin, superficial cuts, black eyes.

Prosecution charging standards - but only a guideline

Question 18

MR for battery

Answer 18

R v Venna - intentionally or recklessly applied force to another person

Question 19

Assault occasioning ABH

Answer 19

s47 OAPA

Question 20

AR for Assault occasioning ABH

Answer 20

There must be an assault

The assault must occasion ABH (normal causation rules)

Question 21

Assault = assault or battery. AR and MR for assault/battery must be satisfied

Answer 21

DPP v Little

Question 22

Normal causation rules for occasioning ABH

Answer 22

DPP v Santana-Bermudez

Question 23

Definition of ABH

Answer 23

R v Miller

‘any hurt or injury calculated to interfere with the health or comfort of the victim;. Hurt need not be serious or permanent, but must be more than transient and trifling

Question 24

Momentary loss of consciousness oculd amount to ABH. Harm need not be transient and trifling, but could be one or the other

Answer 24

T v DPP

Question 25

ABH includes psychiatric injury, but does not include mere emotions such as fear, distress or panic

Answer 25

R v Chan-Fook, confirmed in Ireland, Burstow

Question 26

Cutting of girlfriend's ponytail amounted to ABH

Answer 26

DPP v Smith

Question 27

Prosecution Charging Standards - typical ABH injuries:

Answer 27

loss or breaking of teeth, temporary loss of sensory function, extensive or multiple bruising, broken nose, minor fractures, minor cuts requiring stitches

Question 28

MR for Assault occasioning ABH

Answer 28

No MR for ABH required - only need MR for assault or battery R v Savage; R v Parmenter

Question 29

s20 - malicious wounding - must break both the dermis and epidermis (but wound need not be serious)

Answer 29

C (a minor) v Eisenhower

Question 30

s20 - infliction of GBH

Answer 30

Normal causation rules apply - infliction means cause

Question 31

It is possible to inflict GBH contract to s20 without an assault being committed

Answer 31

R v Wilson; R v Burstwo

Question 32

Unprotected sex, knowing he was HIV positive = reckless infliction of GBH

Answer 32

R v Dica

Question 33

GBH = serious harm

Answer 33

Saunders

Question 34

Psychiatric injury may amount to GBH, but its cause and effect will need to be proved by expert evidence

Answer 34

Ireland

Question 35

Jury should consider the effect of the injuries on the victim, taking into account age and health and totality of injuries

Answer 35

R v Bollom

Question 36

Prosecution charging standards suggest that typical injuries amounting to GBH include

Answer 36

loss of sensory function more than minor permanent disfigurement, broken or displaced limbs, substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries, injuries resulting in severe disablement, whether temporary or permanent.

Question 37

MR for s20

Answer 37

D must intend or be reckless as to the causing of harm R v Mowatt - D need not foresee the gravity of the injury, merely that some physical injury, even minor, might result. Confirmed in Savage; Parmenter.

Question 38

s18 OAPA AR

Answer 38

Wounding/causes GBH

Question 39

s18 OAPA MR

Answer 39

D must actually intend to cause harm which amounts to GBH (even where the AR is a wound; intention to wound is insufficient). Not enough to foresee some harm.

Question 40

s24 OAPA creates three different offences

Answer 40

R v Kennedy Administer - D administers noxious thing directly to V Causing to be administered - D causes an innocent party to administer it to V Causing to be taken - D causes it to be taken by V himself

Question 41

Spraying in face = administering

Answer 41

R v Gillard - administration designates any form of entry into the victim's body

Question 42

Poison, destructive or noxious thing broadly interpreted to include intrinsically harmless pills that become noxious in large quantities. Noxious = hurtful, unwholesome or objectionable

Answer 42

R v Marcus

Question 43

s24 MR

Answer 43

D must intend or be reckless as to administering the substance AND intend to injure, aggrieve or annoy

Question 44

Intention to injure, aggreieve or annoy can be by the effects of the administration itself or of an ulterior motive (giving woman sleeping tablets to rape her)

Answer 44

R v Hill | R v Weatherall (searching through bag - not intention to injure, aggrieve or annoy)

Question 45

AR s23

Answer 45

Administer, cause to be administered or taken any poison, destructive or noxious thing so as thereby to endanger life or inflict GBH

Question 46

Heroin = noxious

Answer 46

R v Cato

Question 47

s23 MR:

Answer 47

Defendant administered substance intentionally or recklessly. No need for intention/recklessness as to endanger life