Non-fatal offences against the person

What is the mens rea for assault?

Intend or be subjectively reckless to cause the victim to apprehend immediate unlawful violence

What is the mens rea for battery?

Intend or be subjectively reckless that some unlawful force will be laid upon the victim

What is the mens rea for actual bodily harm (ABH)

Intentionally or subjectively recklessly

What is the actus reus for assault?

Carry out an act that causes another to apprehend immediate, unlawful violence

What is the actus reus for battery?

Use unlawful force on another

What is the actus reus for ABH?

Use unlawful force on another via physical contact resulting in the victim suffering actual bodily harm

Which legislation provides the definition of assault?

Section 39 Criminal Justice Act 1988

Which legislation provides the definition of battery?

Section 39 Criminal Justice Act 1988

Which legislation provides the definition of ABH?

Section 47 Offences Against the Persons Act 1861

How is assault triable?

Summary only

How is battery triable?

Summary only

How is ABH triable?

Either way

If assault, battery or ABH are racially or religiously aggravated, how can they be tried?

Either way

What is the sentence for basic assault?

Magistrates - 6 months and/or fine

What is the sentence for basic battery?

Magistrates - 6 months and/or fine

What is the sentence for basic ABH?

Magistrates - 6 months and/or fine

Crown - 5 years and/or fine

What is the sentence for aggravated assault?

Magistrates - 6 months and/or fine

Crown - 2 years and/or fine

What is the sentence for aggravated battery?

Magistrates - 6 months and/or fine

Crown - 2 years and/or fine

What is the sentence for racially or religiously aggravated ABH?

Magistrates - 6 months and/or fine

Crown - 7 years and/or fine

Can someone be charged with assault and battery?

No, can only be charged with one

When is the offence of assault complete?

As soon as the victim believes the laying of unlawful force

How long is classed as ‘immediate’ danger?

A minute or two

Does assault include omissions and acts?

No, only acts. Omission is not enough.

What are the 3 categories of acts that could cause the apprehension of the use of immediate unlawful violence?

Words, silence and conduct

Are conditional threats assault? e.g. ‘if it wasn’t for…’

No

What offence is committed when someone spits directly at the victim?

Common assault

What’s the difference between battery and ABH?

The extent of the injuries suffered

What are the 2 types of force that can be laid for battery?

Direct or indirect

What are examples of injuries consistent with battery?

• Minor bruising or swelling

• Superficial cuts

• Scratches

  • Grazes

What’s the definition of ABH?

Hurt or injury calculated to interfere with either the victim’s health or comfort

What types of harm are included in ABH?

Physical, shock and mental injury

How long must the harm last for battery and ABH?

It can be permanent or temporary but must not be transient or trifling

Which offence is committed by cutting hair or nails without consent?

ABH

What can the victim do to negate assault?

Give consent

What are the 2 steps a court must consider when the issue of consent is raised in assault?

1. Was express or implied consent actually provided by the victim?

2. Is the consent invalidated by public policy?

When will consent be invalidated by public policy?

You cannot consent to anything beyond transient harm unless there is a good reason for allowing the plea of consent

What are the 3 factors that will be considered in establishing good reason for allowing the plea of consent?

1. Vulnerability of the provider of consent

2. Dangerousness of the behaviour

3. Practical consequences of the behaviour

When can you not use the defence that the victim consented to the infliction of serious harm for the purpose of sexual gratification?

When there is GBH (section 18 OAPA 1861), wounding (section 20 OAPA 1861) or ABH (section 47 OAPA 1861)

Does it matter for whose sexual gratification the harm was inflicted?

No - it can be the defendant, victim or another person

What is the exception to the rule negating consent?

Where the offence is either section 20 or 47 OAPA 1861 and the serious harm is the cause of the infection of the victim with an STI in the course of sexual activity AND the victim consented to the sexual activity knowing or believing that the defendant had the STI

Do people that participate in contact sports consent to injury?

Participants in a properly conducted contact sport implicitly consent to injuries sustained

Which factors must be looked at in violence outside the remit of the rules of a game?

1. The sport

2. The level being played

3. The nature of the act

4. The extent of the risk of injury

   1. The defendant’s state of mind

When can a healthcare professional lay force upon a patient and not commit assault?

When they are qualified and carrying out a legitimate, necessary, related treatment to a condition

Will a healthcare professional who is suspended commit assault if they don’t inform the patient that they are suspended and perform treatment in an orthodox manner?

No - the consent was genuine as there was no fraud as to the medical professional’s identity or the nature of the act performed

Which offences can become racially and religiously aggravated?

Common assault, section 47 assaults (ABH), and section 20 assaults (inflicting bodily injury)

Which legislation provides the definition of assault with intent to resist arrest?

Section 38 OAPA 1861

How is assault with intent to resist arrest triable?

Either way

What is the sentence for assault with intent to resist arrest?

Magistrates - 6 months and/or fine

Crown - 2 years

What is the definition of assault with intent to resist arrest?

Any person, with the intent to resist or prevent the lawful apprehension or detainer of themselves or another for any offence

When is the offence of assault with intent to resist arrest complete?

Once the intent is formed

Who arresting is covered under assault with intent to resist arrest?

Police officers, store detectives or members of the public

What is the mens rea for assault with intent to resist arrest?

Must have the intent or subjective recklessness for the assault and intent to resist or prevent the arrest of themselves or another person

Which legislation provides the definition of assaulting police officers?

Section 89 Police Act 1996

How is assaulting a police offer triable?

Summary only

What is the sentence for assaulting a police officer?

6 months and/or fine

What is the definition of assaulting a police officer?

Intentionally or subjectively recklessly assaulting a constable or a person assisting a constable in the lawful execution of their duty

If the arrest was unlawful and the arrested person later assaults the custody officer, will this be considered assaulting a police officer?

Yes, the original arrest was unlawful but the custody officer was lawfully performing their separate functions

Which legislation provides the definition of obstructing police officers?

Section 89 Police Act 1996

How is obstructing police officers triable?

Summary only

What is the sentence for obstructing police officers?

1 month and/or fine

What is the definition of obstructing police officers?

Intentionally or subjectively recklessly resisting or wilfully obstructing a constable or a person assisting a constable in the lawful execution of their duty

What offence is committed by warning other drivers about mobile speed cameras?

Obstructing police officers IF the car being warned is already speeding

What offence is committed by deliberately drinking alcohol before a breath test?

Obstructing police officers

What offence is committed by tipping someone off in respect of a police presence?

Obstructing police officers

What offence is committed by providing deliberately misleading information to the police?

Obstructing police officers

What offence is committed by refusing to answer questions posed by a police officer?

None unless the person is under a duty to provide information

When will a person commit an act of obstruction via an omission to act?

If they were under a duty to act

Which legislation provides the definition of assaults on emergency workers?

Section 1 Assaults on Emergency Workers (Offences) Act 2018

How are assaults on emergency workers triable?

Either way

What is the sentence for assaults on emergency workers?

Magistrates - 6 months and/or fine

Crown - 2 years and/or fine

Which offences can be considered an assault on an emergency worker?

Common assault or battery

What is the definition of assault on an emergency worker?

Common assault or battery committed against an emergency worker whilst they were exercising their functions as such a worker

What is classed as an emergency worker exercising their functions?

Performing their job description whether on duty or not, or paid for the work or not

What are the 9 categories of emergency workers classed in the assault against emergency workers act?

1. constable

2. person other than a constable who has powers of a constable, is employed for police purpose or engaged to provide services for police purposes

3. national crime agency officer

4. prison officer

5. prisoner custody officer performing escort functions

6. fire and rescue services

7. search or rescue services

8. other than a prison officer, those employed to carry out functions of a prison officer

   1. NHS services or services supporting the NHS

Which legislation provides the definition for wounding or inflicting grievous bodily harm?

Section 20 OAPA 1861

Which legislation provides the definition for wounding or inflicting grievous bodily harm with intent?

Section 18 OAPA 1861

What is the definition of wounding or inflicting grievous bodily harm?

Maliciously, unlawfully wounding or inflicting GBH upon any person with or without a weapon or instrument

What is the definition of wounding or inflicting grievous bodily harm with intent?

Maliciously and with the intent to either commit GBH, resist the arrest of any person, or prevent the lawful apprehension or detainer of any person, unlawfully wounds or causes GBH upon any person

How can wounding or inflicting grievous bodily harm be tried?

Either way

How can wounding or inflicting grievous bodily harm with intent be tried?

Indictable only

How can racially or religiously aggravated wounding or inflicting grievous bodily harm be tried?

Either way

What is the sentence for wounding or inflicting grievous bodily harm?

Magistrates - 6 months and/or fine

Crown - 5 years and/or fine

What is the sentence for racially or religiously aggravated wounding or inflicting grievous bodily harm?

Magistrates - 6 months and/or fine

Crown - 7 years and/or fine

What is the sentence for wounding or inflicting grievous bodily harm with intent?

Crown - life imprisonment

What is the definition of maliciously?

Intended or was subjectively reckless in that at least some harm would be caused

How much harm is it required for the defendant to have foreseen for wounding or inflicting grievous bodily harm?

Some harm, not necessarily GBH

What is the definition of wounding?

Breaking the continuity of the whole of the outer skin or breaking the inner skin within the cheek, lip or urethra

What is the definition of grievous bodily harm?

Serious or really serious harm

What types of harm may be considered GBH?

Physical or psychiatric

Does infection with HIV constitute really serious harm?

If it is deliberate, yes

For wounding or inflicting grievous bodily harm, is it necessary to prove that the defendant’s conduct brought about the harm caused?

Yes, they must have inflicted the harm

Which legislation provides the definition for threats to kill?

Section 16 OAPA 1861

How can threats to kill be tried?

Either way

What is the sentence for threats to kill?

Magistrates - 6 months and/or fine

Crown - 10 years

What is the definition of a threat to kill?

Without lawful excuse, making a threat to kill to a person or third person, intending the other to fear the threat would be carried out

Who has lawful excuse to give threats to kill?

Police firearms team or someone acting in lawful self-defence

By which means can a threat to kill be made?

Any - in person, on the phone, email, letter, text, etc.

Who does the threat to kill need to be made to?

Anyone - it can be to a third party

Is an offence committed if a threat is made to kill an unborn child

Yes if the threat is to kill the child once it is born. No if it is to kill the child before it is born.

When is the offence of threat to kill complete?

Once the threat is made with the intention that the person receiving it would fear it would be carried out