Non-fatal Offences Against the Person

Question 1

What is Common Assault?

Answer 1

s39 Criminal Justice Act 1988

“any act by which a person intentionally or recklessly causes another person to apprehend (not fear) immediate and unlawful personal violence”.

Assault by threat only, e.g:
- E.g I’m going to slap you, or conditional threat (if you do this I’ll___)

Question 2

With regards to common assault, what constitutes as “immediate”?

Answer 2

Threat to cause violence ‘in a minute or two’.

Question 3

1. Can silence amount to an assault?

2. Can words negate an assault?

Answer 3

1. Yes, provided they are accompanied by the required mens rea.
2. Yes– to say “if these officers weren’t here I’d chin you” would be a hypothetical threat that would not amount to assault.

Question 4

The defences that may be used for charges of assault and battery include:

Answer 4

• Legitimate consent
• Lawful correction / reasonable chastisement of a child (common assault),
• Prevention and detection of crime / self-defence (under common law).

Question 5

What is “Corporal Punishment” and is it legal?

Answer 5

s548 of the Education Act 1996 outlaws corporal punishment (physical punishment) in all British schools.

Question 6

Can beating a child be justified on the ground that it constituted reasonable punishment?

Answer 6

s58 of the Children Act 2004

(1) In relation to any offence specified in ss2, battery of a child cannot be justified on the ground that it constituted reasonable punishment.

(2) The offences referred to in subsection (1) are—
(a) An offence under s18 or 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm);
(b) An offence under s47 of that Act (ABH)
(c) An offence under s1 of the Children and Young Persons Act 1933 (cruelty to persons under 16).

Question 7

Common Assault/ Battery

Answer 7

s39 Criminal Justice Act 1988
- Application of intentional or reckless unlawful force to another, physical contact occurs but with minor / no injury.

Penalty:
- Summarily– 6 months and/ or fine.

Question 8

Assaults on Emergency Workers

Answer 8

Assaults on Emergency Workers (Offences) Act 2018

A common assault/ battery committed against an emergency worker acting in the exercise of functions as such a worker is punishable.

Penalty:

• Summarily– 12 months and/ or fine.
• Indictment– 12 months and/ or fine.

Question 9

Actual Bodily Harm (‘ABH’)?

Answer 9

s47 Offences Against the Person Act 1861

Application of force to another, the victim receives hurt or injury which has disrupted the health or comfort of the victim. Capable of being seen or felt by victim, including psychiatric although this must be supported by medical evidence.

Needs to be proved assault was intended or carried out recklessly. Doesn’t need to be proved they intended to cause injuries that amounted to ABH.

Can be haircut/ nail cutting

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 5 years and/ or fine.

Question 10

Wounding/ inflicting Grievous Bodily Harm (‘GBH’)

Answer 10

s20 Offences Against the Person Act 1861

Offence to “unlawfully and maliciously ..wound another person” or to “inflict grievous bodily harm”

The victim receives life-changing injuries, e.g breaking all layers of skin (or just inner skin of lip, inner cheek or urethra), broken bones, biological harm, STIs, heavy bleeding or significant psychological injury (also through phone calls).

Age and characteristics of person is taken into account.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 5 years and/ or fine.

Question 11

Non-fatal Offences Against the Person

Racially or Religiously Aggravated…

1. GBH
2. ABH
3. Common Assault/ Battery

Answer 11

1. s29(1)(a) Offences Against the Person Act 1861
   - Penalty:
   – Summarily– 6 months and/ or fine.
   – Indictment– 7 years and/ or fine.
2. s29(1)(b) Offences Against the Person Act 1861
   - Penalty:
   – Summarily– 6 months and/ or fine.
   – Indictment– 7 years and/ or fine.
3. s29(1)(c) Offences Against the Person Act 1861
   - Penalty:
   – Summarily– 6 months and/ or fine.
   – Indictment– 2 years and/ or fine.

Question 12

Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent

Answer 12

s18 Offences Against the Person Act 1861

“Unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person…with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person”.

Penalty:
- Indictment– life.

Question 13

Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent

What factors may indicate a specific intent?

Answer 13

s18 Offences Against the Person Act 1861

• A repeated or planned attack.
• Deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking glass before.
• Making prior threats.
• Using an offensive weapon against, or kicking a victims head.

Question 14

An offence under s18 Offences Against the Person Act 1861 can take one of which four different forms?

Answer 14

(a) Wounding with intent to do GBH.
(b) Causing GBH with intent to do so.
(c) Maliciously wounding with intent to resist or prevent the lawful apprehension etc of any person.
(d) Maliciously causing GBH with intent to resist or prevent the lawful apprehension etc of any person.

Question 15

Assault with Intent to Resist Arrest

Answer 15

s38 Offences Against the Person Act 1861

Whoever shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence (e.g police, security guards etc), shall be guilty of a misdemeanour.

Penalty:
- Either way– 2 years.

Question 16

Assault of a Constable

Answer 16

s89 (1) Police Act 1996

“Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”

It doesn’t matter if the defendant suspects that its not a police officer, however, if they honestly believe they are acting in self-defence they will have an argument.

Penalty:
- Summarily– 6 months and/ or fine.

Question 17

Obstruct Constable

Answer 17

s89 (2) Police Act 1996

“Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”

Penalty:
- Summarily– 6 months and/ or fine.

Question 18

Threats to Kill

Answer 18

s16 Offences Against the Person Act 1861

A person who without lawful excuse (police, self defence) makes to another a threat, INTENDING that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.

• It could be immediate or future or conveyed to them or a third person.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years and/ or fine.

Question 19

Question: Harry has been drinking down the pub when he sees a boy, Steve, that he doesn’t like. Harry tells Steve to put his hand on the dartboard. Steve doesn’t want to but if he doesn’t he is worried Harry will get angry. Harry throws the dart intending for it to go just above Steve’s hand. In fact, because he is so drunk he actually throws it in Steve’s eye, blinding him.

What offence best fits this circumstance?

Answer 19

• GBH (s20)
• The wound is really serious
• He has been reckless to the act.

Question 20

Question: Edison is the leader of a gang and is hanging around a park. A rival member Carter walks through and is confronted by Edison. Edison produces a compass and holds Carter down scratching him with it over his body 100 times. The injuries are not serious but each cut with the compass is very painful.

Could Edison be guilt of GBH?

Answer 20

• Yes, he could.
• R v Birmingham (2002) outlined that a small number of minor wounds could amount to GBH.
• Although the injury is not ‘really serious’ the act itself is and that combined with the psychological injury could amount to GBH.

Question 21

Scenario: A driver is speeding, an oncoming driver sees him and flashes his lights warning him as to the Police speed trap up ahead.

What is the offence?

Answer 21

s89 (2) Police Act 1996 – Obstruct Constable

Question 22

Scenario: A security guard who is trying to arrest a shoplifter for theft and is getting punched in the face.

What is the offence?

Answer 22

s38 Offences Against the Person Act 1861 – Assault with Intent to Resist Arrest

Question 23

Scenario: A man with HIV sleeps with a woman after a date. He writes ‘Infected Bitch’ on her mirror.

What is the offence?

Answer 23

Offences Against the Person Act 1861 – GBH with intent s18

Question 24

Scenario: An offender stabbing someone with a bike spoke after making threats on social media.

What is the offence?

Answer 24

Offences Against the Person Act 1861 – GBH with intent s18

Question 25

Consent and Sado-Masochistic Injuries

Answer 25

R v Brown 1994, all assaults which result in more than transient harm will be unlawful unless there is a good reason for allowing a plea of consent.

Good reason considers the practical consequences, the level of danger and the vulnerability of the ‘consenter’.

The husband and wife branding example

Question 26

If a Doctor has been struck off and continues to practice, is this assault?

Answer 26

Courts have deemed consent to be the case when a doctor practised dispite having been struck off because the fraud alleged did not negate his identity or what he was purporting to do, i.e the quality of the act.

Question 27

Question: John is playing a Sunday League football match and is tackled. As a result of the tackle, he breaks his leg. Is the person who tackled John liable for the assault?

What if the person thinks he is faking and goes and pulls him by the leg after?

Answer 27

He could be…depending on the nature of the act, the degree of force, the extent of the injury and the state of mind of the defendant. More than likely if it was a fair tackle then no.

Assault is committed when he pulls and damages the broken leg further.

Question 28

Question: Mary receives a phone call and is scared by the silence at the other end. Previously following a call like this she has been assaulted by her ex-partner. On this occasion, she is scared he will keep calling her all night and keep her awake by frightening her.

Is there an assault?

Answer 28

No - if her only fear on this occasion is further phone calls and being frightened.

It would be an assault if she feared violence following the call based on previous.

Question 29

Question: A male has unprotected sex with a woman knowing he has HIV. Is he guilty of an assault?

Answer 29

Yes he is, a court decided that from the issue of consent, he had inflicted a wounding worthy of a guilty verdict for an s20 GBH.

Question 30

Question: John approaches Sarah who is pregnant. John says I’m going to kill that baby inside you. Is John guilty of Threats to Kill?

Answer 30

No, a court has decided that while the baby is in the womb it is not a threats to kill, but if threats are made after being born then it would suffice.

Question 31

Which offence best goes with each of these injuries:

(a) Serious bruising to the arm after being grabbed forcibly
(b) Substantial cutting of hair
(c) Punch where the tooth has punctured the cheek
(d) Compound fracture
(e) Broken rib

Answer 31

(a) ABH (s18 Offences Against the Person 1861)
(b) ABH (s18 Offences Against the Person 1861)
(c) GBH (s20 Offences Against the Person 1861)
(d) GBH (s20 Offences Against the Person 1861)
(e) GBH (s20 Offences Against the Person 1861)

Question 32

Common Assault – A Defence?

(a) A person is on a busy train and owing to the packed carriage the person in front of them continually nudges into them causing reddening.
(b) A bad rugby tackle that causes bruising and the player gets ‘sin binned for his actions’.
(c) A parent mildly smacking their four-year-old child who threw their lunch on the floor.
(d) A person punching someone in the fact causing reddening as she believed they were going to assault her.

Answer 32

(a) No defence needed, common assault does not cover physical contact in everyday unavoidable situations.
(b) Common assault but consent is implied in sport. The question would be whether the tackle went beyond what is expected in the game.
(c) Common assault but could have a defence of lawful chastisement (not for ABH or above though).
(d) Common assault but possible defence of self-defence.

Question 33

Question: Mary is walking along the street when Jason jumps out wearing a Halloween mask. Mary, shocked, falls to the floor. Jason runs over and pulls her along the floor by her arm. He then grabs a bunch of her hair and cuts off her ponytail. Jason then notices that Mary has long fingernails and cuts two of them also. He then runs off laughing.

List the various ways Mary has been assaulted:

Answer 33

• Assault can include shock
• Consider it as hurt designed to interfere with the health or comfort of a victim.
• ABH doesn’t need to be permanent but needs to be more than trifling or transient.
• Can include the cutting of hair and fingernails.

Question 34

Question: Kelly is walking her dog when she is set upon by two girls, called Sandra and Grace. A fight breaks about between them over a boyfriend. It culminates in Sandra and Grace overpowering Kelly. Sandra holds Kelly’s arm up her back keeping her in place whilst Grace uses a key to carve the letter ‘G’ into her cheek, causing a 4cm laceration that would leave a scar.

What offences does both commit?

Answer 34

They are both guilty of Section 20 GBH as this is a very nasty and permanent assault.