1What is the statute and maximum sentences of common assault?
- s.39 of Criminal Justice Act 1988
- Assault = 6 months
- Battery =
2What is the actus reus of assault?
- act/words that cause victim to apprehend immediate unlawful personal violence
- E.g shaking your fists at someone
3Smith v Chief Superintendent of Woking Police
The force threatened must be unlawful and immediate - 'immediate' does not mean instantaneous, but IMMINENT
4R v Ireland
Even silence can amount to assault
5R v Constanza
Words can be verbal OR written
6Tuberville v Savage
Words indicating there will be no violence might prevent an act from being an assault
7What is the Mens Rea of assault?
intention to cause another fear immediate unlawful personal violence, or subjective recklessness as to whether such fear was caused
8What are the two general Mens Rea cases?
- (R v Mohan) = Intention is defined as a decision made to bring about the prohibited consequence
- (R v Cunningham) = Recklessness is defined as an unjustifiable risk
9What is the definition of battery + the defining case?
Battery is defined as touching of another with hostile intent, or in other words any intentional touching outside the scope of what is normally acceptable (Collins v Wilcock)
10What is the Actus reus of battery?
application of some force, e.g scratching a police officer
11DPP v K
Common assault can be committed by an indirect act
12What is the Mens Rea of battery?
intention to apply unlawful physical force, or subjective recklessness as to whether such force will be applied
13What is the statute and maximum sentence of ABH?
- s.47 Offences Against the Person Act (OAPA) 1861
- max = 5yrs
14What is the definition of ABH + the defining case?
any hurt or harm calculated to interfere with the health or comfort (R v Miller)
15What is the actus reus of ABH?
- an assault or battery occasioning the injury
- e.g bruises, scratches, broken nose and psychiatric injury (although CPS are unlikely to prosecute bruises as ABH)
16R v Chan Fook
The injury need not be permanent, but should not be so trivial as to be wholly insignificant
17T v DPP
Losing consciousness, even momentarily, can constitute ABH
18R v Smith
ABH applies to all parts of the body, including hair
19What is the Mens Rea of ABH?
intention or subjective recklessness as to causing fear of unlawful violence or of applying force
20R v Roberts
Intentionecklessness should be about the assault or battery, NOT the injury
21What are the statutes and maximum sentences of GBH + wounding?
- s.18 and s.20 of OAPA 1861
- Max sentence of s.20 = 5yrs in prison
- Max sentence of s.18 = Life in prison
22What is the definition of GBH + defining case?
- really serious harm, including serious psychiatric harm (R v Burstow)
- E.g fractured skull, broken bones, serious psych harm
23What is the definition of wounding + defining case?
- requires a break in the continuity of the skin, and there must be a breach in the whole of the skin, not rely the outer layer (JCC v Eisenhower)
- E.g causing an injury when avoiding the course of arrest.
24What is the actus reus of s.20 + s.18?
- to cause/inflict GBH or a wound
- Inflict just means cause, and psychiatric injury counts as bodily harm (R v Burstow)
25R v Bollom
Victim's age and health are relevant in deciding whether the injury amounts to GBH
26R v Dica
Transmission of diseases or STIs also count as bodily harm
27What is the Mens Rea of s.20?
D must intend to cause another person some harm, or be subjectively reckless as to whether he suffers some harm (Parmenter)
28What is the Mens Rea of s.18?
Specific intention to cause grievous bodily harm (ie serious harm), OR resisting/preventing arrest.
29R v Savage
It is not necessary to show that D had the Mens Rea in relation to the level of harm inflicted - it is sufficient that they intended or could foresee that SOME harm would result
30Describe factual causation and the 'but for' test
- Factual causation = the prohibited consequence/victim's injury would not have occurred 'but for' the defendant's actions
- 'But for' test = but for D's act, would the prohibited consequence have occurred? (R v White)
- Defendant's actions need not be the sole/main cause, as long as it was a cause that "contributed significantly"
31Describe legal causation and how it can be found
- Legal causation = the defendant's act must be the substantial and operative cause of the victim's injury
- Substantial = significant, considerable (not trivial)
- Operative = still having effect (but doesn't need to be the sole/main cause)
- The defendant's act does not need to be the main cause, as long as it was more than a 'slight or trifling link' (R v Kimsey)
32What is the thin skull rule?
You must take your victim as you found them (R v Blaue)
33What is an intervening act, and some examples of them?
- Definition = something that breaks the chain of causation, relieving the defendant of responsibility for the prohibited consequence.
- naturally occurring events = can break chain
- acts of 3rd parties = can only be broken if D was NOT substantial + operative cause
- medical treatment = does not usually break chain
34When does medical treatment break the chain of causation?
It ONLY breaks the chain of causation if:
1. The treatment is so INDEPENDENT of the defendants act
and 2. Is so SIGNIFICANT in causing the death, that the defendants act becomes insignificant. (R v Jordan)
35When can the victim's own act break the chain of causation?
The chain of causation will only be broken if the victim's act was 'so daft' as to be unforeseeable (R v Roberts).