Criminal Law - Non-Fatal Offences Against the Person: Assault & Battery

Assault

  • Defined as an act causing the victim to apprehend immediate, unlawful personal violence.
  • Actus Reus:
    • An act causing the victim to apprehend immediate violence.
    • No physical contact is necessary.
    • Words or silence can constitute assault (R v Constanza [1997], R v Ireland [1997]).
    • Words can also negate assault (Tuberville v Savage [1669]).
  • Immediacy:
    • Victim must perceive the threat as one that can be carried out "there and then" (Smith v Superintendent of Woking Police [1983]).
  • Mens Rea:
    • Intention or recklessness (subjective Cunningham variety).
    • R v Venna [1975] supports Cunningham standard of recklessness.
  • Statutory Assault:
    • Sections 34-43 of the Offences Against the Person Act (OAPA) define various categories.
    • Section 39 addresses unlawful assault or battery, allowing Justices to hear and determine such offenses.

Battery

  • Defined as the actual use of unlawful force on another.
  • Actus Reus:
    • Application of unlawful force on another, directly or indirectly (Fagan v MPC [1969], Haystead v DPP [2000]).
    • Touching clothes can be sufficient (R v Thomas [1985]).
    • Unwanted kiss can suffice (R v Braham [2013]).
  • Mens Rea:
    • Intention or recklessness (R v Venna [1975]).
    • Self-induced intoxication is not a defense (DPP v. Majewski [1977]).

Assault Occasioning Actual Bodily Harm (ABH)

  • Actus Reus:
    • Assault (assault or battery).
    • Occasioning (causing) bodily harm; test for causation in law is whether the result was the reasonably foreseeable consequence of the defendant's actions (R v Roberts (1971)).
    • Actual Bodily Harm: defined as more than transient or trifling injury (R v Donovan [1934], R v Miller [1954], R v Chan Fook [1994]). Includes psychiatric injury (R v Ireland [1997]).
  • Mens Rea:
    • Intention or recklessness.
    • R v Savage [1991] clarifies that the assault must occasion the ABH.
    • DPP v Parmenter [1991] rules that the defendant must foresee the risk of some harm.
  • Sentencing:
    • Section 43 of the OAPA outlines penalties for assault occasioning ABH (imprisonment up to three years) and common assault (imprisonment up to one year).

Wounding with Intent (Section 20 OAPA)

  • Actus Reus:
    • Maliciously wounding or causing grievous bodily harm.
    • Wounding: Breaking of both layers of the external skin (JJC v Eisenhower [1984]).
    • Causing: Wider than 'inflict' (R v Mandair [1994]).
    • Inflict: Direct application of force (R v Wilson and Jenkins [1984]).
    • Psychiatric harm: No requirement for application of force (R v Ireland and Burstow [1997]).
    • Transmission of sexual diseases (R v Dica [2004], R v Adaye (2004), R v Marangwanda [2009]).
  • Mens Rea:
    • Maliciously: Intentionally or recklessly (R v Belfon [1976]).
    • Specific intent: Purpose to cause GBH or knowledge that GBH was a virtually certain consequence.

Malicious Wounding (Section 22 OAPA)

  • Actus Reus:
    • Inflicting grievous bodily harm.
    • Unlawful and malicious wounding (R v Wilson [1984]).
  • Mens Rea:
    • Maliciously: Intention or subjective recklessness (R v Cunningham [1957]), affirmed in R v Parmenter [1991].
    • Foresight of some harm occurring (DPP v A (2000)), not necessarily GBH (R v Mowatt [1968]), confirmed in R v Savage [1991].
    • Intention merely to frighten is insufficient (R v Sullivan [1981]).