OFFENCES AGAINST THE PERSON

Question 1

Offences against the person laws

Answer 1

Common law - assault and battery summary offences: CJA 1988 s.39

Offences against the person act 1861 - assault occasioning ABH, Inflicting GBH or wounding with intent

Question 2

AR & MR of Common Assault

Answer 2

AR - Defendant caused victim to apprehend imminent unlawful force

MR - Defendant intended or was reckless that the victim would apprehend imminent unlawful force

Question 3

Common assault examples

Answer 3

Can words amount to an assault? R v Ireland [1998]

Question 4

AR & MR of Battery

Answer 4

AR - the defendant touched or applied force to the victim
MR - the defendant intended or was reckless as to touching or applying force to the victim

Question 5

Battery cases

Answer 5

R v Thomas (1985) – No injury or sensation required for a battery.
R v Smith (1866) – Spitting
R v Savage [1992] – Throwing beer

Question 6

AR & MR of Assault occasioning actual bodily harm

Answer 6

AR - Defendant must commit an assault or battery which causes the victim to suffer actual bodily harm

MR - Defendant must intend or be reckless as to the assault or battery [NOTE: no need that the defendant foresaw actual bodily harm]

Question 7

meaning of ‘actual’

Answer 7

R v Chan-Fook [1994] “not so trivial as to be wholly insignificant”.
R v Donovan [1934] “Any hurt or injury calculated to interfere with the health or comfort” of the victim
R v Reigate Justices, ex p Counsell [1984] – bruises, grazes and tenderness

Question 8

Inflicting GBH or wounding AR & MR

Answer 8

AR - The defendant unlawfully either wounded or inflicted GBH to the victim
MR - The defendant foresaw (Cunningham recklessness) that the victim might suffer some harm.

Question 9

Inflicting GBH or wounding case examples

Answer 9

GBH = “really serious bodily harm” (DPP v Smith [1961])
Includes psychological harm (R v Ireland, R v Burstow [1998] AC 147).

Question 10

GBH or wounding with intent AR & MR

Answer 10

AR - The defendant unlawfully wounded or caused GBH to any person
MR - The defendant intended to cause GBH or they intended to resist or prevent the lawful apprehension/detention of any person AND were Cunningham reckless to causing GBH.

Question 11

Consent to battery

Answer 11

very regular occurrence as people avail themselves to bodily contact every day e.g. jostling on the street or slap on the back from a friend

Question 12

Consent to ABH and GBH

Answer 12

The consent of the victim is a defence to an assault or battery but it is not a defence to an offence involving ABH or more serious injury unless the case is:
Organised and regulated sporting activity
Dangerous exhibitions or bravado
Rough or undisciplined horseplay
Surgery
Tattooing and piercing
Religious flagellation
Consensual intimate acts during which a party is infected with a medical condition where the victim had consented to run the risk of being infected.

Question 13

Consent to ABH & GBH examples

Answer 13

R v BM [2018] - Tongue splitting
R v Barnes [2005] – Difference between going for the ball late and just going for the victim.