Revision Book Flashcards
What is the MR of common assault?
Intention or subjectively reckless (Cunningham - what D actually foresaw not what he ought to have foreseen) as to cause apprehension of immediate violence.
What is the AR of common assault?
An act which causes someone to apprehend immediate unlawful force.
What is the act required for common assault?
It needs to be a positive act, silent phone calls can also amount to an assault (R v Ireland and Burstow).
What is meant by apprehension?
It does not mean fear, it means expectation (R v Ireland and Burstow) at some point in the immediate future (Constanza).
What is the AR of a battery?
It is the infliction of unlawful force upon V.
How might some force be lawful in relation to assault and battery?
You may have consented to contact i.e. In sports, horseplay etc (Collins v Wilcox).
What injuries constitute a battery?
Scratches/grazes, bruising, superficial cuts.
What injuries constitute actual bodily harm?
Minor cuts requiring stitching, minor fractures, extensive bruising, temporary loss if sensory functions.
What is the MR of a battery?
Intention or subjective recklessness as to the infliction of unlawful force.
Is there a defence to assault and battery?
Consent can be a defence.
Is consent a defence to all OAP?
No, only assault and battery. You cannot consent to bodily harm unless it is in the public interest i.e. Tattooing, surgical procedures (Brown).
What are the facts of the Wilson case under consent?
Man branded his wife’s buttocks with his initials. It was distinguished in Emmett as it was similar to that of a tattoo and was not done for sexual gratification.
What does occasioning mean in the context of assault occasioning actual bodily harm (s47 OAPA 1861)?
Means causing so the usual causation principles apply (Roberts).
What is the AR and MR of assault occasioning actual bodily harm?
It is the AR and MR of either assault or battery as well as actual bodily harm.
What is the difference between assault and battery and a s47 offence?
The level of harm that occurs.
What is actual bodily harm in relation to a s47 offence?
Donovan said it something which is more than merely transient or trifling. It should not be so trivial as to be wholly insignificant (Chan-Fook).
What if a V tries to escape from the D but in doing so injures herself?
D will be liable for the injuries so long as her actions were not so daft as to be unforeseeable (Roberts).
Give an example of a psychiatric injury?
Depression, anxiety or sleeplessness, all of which need to be supported by expert medical evidence (Morris).
What is the AR and MR of wounding or inflicting GBH (s20 offence)?
Wounding or inflicting GBH on a person, intention or recklessness as to the wound or infliction of GBH.
What is meant by GBH?
Really serious harm (Smith).
What is a wound?
A break in the continuity of the skin, the epidermis and the dermis. It is the depth rather than the size of the cut that is important (Eisenhower).
What does inflict mean?
Cause (Ireland and Burstow).
What offence is it if you give someone HIV during intercourse?
S20 as it is GBH (Dica).
What is the test for recklessness with regards to wounding or inflicting GBH?
Parmenter - the D must intend some harm or foresee a risk that some harm might occur.
