Non-fatal offences against the person

Question 1

What are assault and battery?

Answer 1

Common law offences, but they are charged under section 39 of the Criminal Justice Act 1988.

Question 2

What is the definition of assault?

Answer 2

An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate, unlawful personal violence or recklessness as to whether such fear is caused.

Question 3

What is the actus reus of assault?

Answer 3

An act which causes the victim to apprehend infliction of immediate unlawful force.

Question 4

What kind of behaviour can constitute assault?

Answer 4

Actions, words, letters (Constanza) or silent phone calls (Ireland).

Question 5

When is there no assault?

Answer 5

When it is obvious that there is no way the defendant can actually use force.

Question 6

What does ‘immediate’ mean for assault?

Answer 6

Imminent, so an assault can be through a closed window as in Smith.

Question 7

How is an assault cancelled out?

Answer 7

When words are used which indicate there will be no violence.

Question 8

What is the mens rea of assault?

Answer 8

Intention to cause fear of immediate unlawful personal violence or recklessness as to fear of such violence is caused.

Question 9

What is the definition of battery?

Answer 9

Application of unlawful force to another person either intending to apply unlawful physical force or recklessness as to whether such unlawful force is applied.

Question 10

What is the actus reus of battery?

Answer 10

Application of unlawful force to another person.

Question 11

What does the word ‘force’ mean in battery?

Answer 11

It can mean the slightest touching as in Collins v Wilcock.

Question 12

What happened in Thomas?

Answer 12

It was decided that touching the victim’s clothing can constitute battery.

Question 13

What can battery be committed through?

Answer 13

A continuing act, indirect act or an omission.

Question 14

How can there be a battery without an assault?

Answer 14

When the victim is unaware that unlawful force is about to be applied.

Question 15

What is the mens rea for battery?

Answer 15

Intention to apply unlawful physical force or recklessness as to whether such force is applied.

Question 16

Where is the offence of assault occasioning actual bodily harm found?

Answer 16

Section 47 of Offences Against the Person Act 1861.

Question 17

What is it necessary to prove for assault occasioning actual bodily harm?

Answer 17

An assault or battery which caused actual bodily harm.

Question 18

How did Miller define actual bodily harm?

Answer 18

Any hurt or injury calculated to interfere with the health or comfort of the victim.

Question 19

What has been held to be assault occasioning actual bodily harm in caselaw?

Answer 19

T v DPP - loss of consciousness.
Smith - cutting of hair.
Psychiatric injury - Chan Fook.

Question 20

What is the mens rea of assault occasioning actual bodily harm?

Answer 20

Intending to cause or being subjectively reckless as to whether to victim fears or is subjected to unlawful force.

Question 21

What is the mens rea of assault occasioning actual bodily harm?

Answer 21

Intending to cause or being subjectively reckless as to whether to victim fears or is subjected to unlawful force.

Question 22

Where is the offence of malicious wounding/inflicting grievous bodily harm found?

Answer 22

Section 20 of Offences Against the Person Act 1861.

Question 23

How is malicious wounding/inflicting grievous bodily harm defined?

Answer 23

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with weapon or instrument, shall be guilty of an offence.

Question 24

What does wound mean?

Answer 24

A cut or break in the continuity of the whole skin.

Question 25

When will a broken bone be considered a wound?

Answer 25

When it breaks the skin.

Question 26

What does grievous bodily harm mean?

Answer 26

Really serious harm (Smith).

Question 27

Which cases have considered the idea of grievous bodily harm?

Answer 27

Saunders - injury does not have to be life threatening.
Bollom - injury should be assessed according to the victim’sage and health.
Burstow - serious psychiatric injury can amount to grievous bodily harm.
Dica - infecting someone with HIV can be grievous bodily harm.

Question 28

What is the mens rea of malicious wounding?

Answer 28

Intention to do harm or recklessness as to whether such harm is caused.

Question 29

Where is wounding/causing grievous bodily harm with intent found?

Answer 29

Section 18 of Offences Against the Person Act 1861.

Question 30

How is wounding/causing grievous bodily harm with intent defined?

Answer 30

Whosoever shall 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 shall be guilty of an offence.

Question 31

What is the actus reus of a section 18 offence?

Answer 31

Wounding or causing grievous bodily harm.

Question 32

What is the mens rea of a section 18 offence?

Answer 32

Intention to do some grievous bodily harm or resist or prevent arrest.

Question 33

What are some problems with the Offences Against the Person Act 1861?

Answer 33

1. The Act is widely recognised as being out of date.
2. There is no clear hierarchy of offences.
3. Language needs modernising and simplifying.

Question 34

What is the Law Commission’s recommendation for reform of the Offences Against the Person Act 1861?

Answer 34

A draft Bill setting out four offences, replacing section 18, 20 and 47.