62 Questions
The court held that psychiatric injury cannot amount to actual or grievous bodily harm.
False
In Tuberville v Savage, the court held that there was no assault because the threat was conditional and the victim did not fear immediate injury.
True
The court in Smith v Chief of Woking Police held that the defendant's actions did not amount to assault because the victim was not frightened.
False
The court in R v Constanza held that the defendant's actions did not amount to assault because the threats were not immediate.
False
Battery requires a minimum level of harm to the victim.
False
The court in Faulkner v Talbot held that the defendant's actions did not amount to indecent assault because the touching was not rude, hostile or aggressive.
False
The court in R v Thomas held that touching a person's clothes while they are wearing them is not equivalent to touching them.
False
Battery can only occur through direct physical contact.
False
The court in DPP v Saint Bermudez held that the defendant's omission was not capable of giving rise to battery.
False
The required mens rea for assault and battery is intention or recklessness as to causing harm.
False
For s47 Offences against a person Act 1861, the level of harm required is defined as transient or trifling.
False
Constructive liability is only applicable for s20 and s18 Offences.
False
For s20, wounding or inflicting GBH with intent is required.
False
A broken nose is considered as actual bodily harm (ABH).
True
Psychiatric injury is not considered as actual bodily harm (ABH).
False
For s18, the defendant must intend to cause GBH or hinder arrest.
True
Breaking the skin is not essential for wounding.
False
GBH requires life-threatening or permanent disablement.
False
Recklessness is sufficient mens rea for s47 Offences against a person Act 1861.
True
For s18, the defendant must foresee the possibility of causing GBH or hinder arrest.
False
Malice is technically identical to intent or recklessness.
False
For a s20 offence, it is required to foresee the possibility of serious harm (GBH).
False
In the case of s18, the court requires intent to cause GBH or simply to wound.
False
S47 ABH refers to harms that interfere with the liberty of the victim.
False
In the case of s20, the prosecution only needs to prove that the defendant intended to cause some harm.
True
In the case of s18, the defendant's intention to hinder arrest is not sufficient to establish malice.
False
A defendant who causes grievous bodily harm with intent can be sentenced to a maximum of 5 years in prison.
False
Assault and battery are indictable offences.
False
Apprehension of immediate unlawful personal violence requires the victim to feel fear.
False
Silence can be considered an assault under S47.
True
A victim who is brave and strong cannot be assaulted.
False
What is the maximum sentence for an S20 offence?
5 years
What is the relevant consideration for the victim's apprehension of immediate unlawful personal violence?
The victim's expectation or anticipation of the defendant's action
In which case was the defendant charged with a S47 offence for making silent phone calls that caused the victim psychiatric harm?
R v Ireland
What is the mens rea required for an S47 offence?
Intention or recklessness as to causing harm
What is the difference between S18 and S20 offences?
S18 requires intent to cause GBH or wound, while S20 requires intent to cause some harm
What is the requirement for mens rea in s20 wounding or GBH?
Foresight of a risk of some harm, even if only minor
What is the level of harm required for s47 ABH?
Harms that interfere with the health or comfort of the victim
In the case of s18, what is the requirement for mens rea?
Intent to cause GBH or hinder arrest
What is the definition of malice in relation to wounding/GBH?
Roughly means intent or recklessness, but not technically identical
What is the requirement for s20 wounding or GBH?
Breaking the skin or really serious injury
What is the mens rea requirement for s18 wounding or GBH with intent?
Intent as to really serious injury or foresight of a risk of really serious injury
What is required for an assault to occur?
intent or recklessness as to causing apprehension
What is the minimum level of harm required for battery?
any touching will do
What is required for battery to occur?
Intent or recklessness as to causing harm
What can be considered as an assault?
Silence when violence is expected
What is the mens rea required for assault and battery?
Intent or recklessness as to causing harm
What is the significance of R v Constanza?
The court held that the threats caused apprehension of violence at some point
What is the significance of Fagan v MPC?
The court held that a car can be used as a weapon
What is the significance of R v Thomas?
The court held that touching a person's clothes is equivalent to touching them
What is the significance of DPP v Saint Bermudez?
The court held that omission can give rise to battery
What is the significance of Smith v Chief of Woking Police?
The court held that entering the property with intention to scare the victim amounts to assault
What is the required mens rea for Assault and Battery under s47 Offences against the Person Act 1861?
Recklessness as to causing harm
What is the maximum sentence for a s47 offence?
5 years imprisonment
What is the difference between s20 and s18 offences?
s20 requires recklessness as to causing GBH, while s18 requires intent to cause GBH
What is the meaning of 'grievous' in the context of s20 and s18 offences?
Serious harm
What is the required actus reus for a s47 offence?
Occasioning actual bodily harm
What is the minimum level of harm required for a s47 offence?
More than transient or trifling harm
What is the required mens rea for a s18 offence?
Intent to cause GBH
What is the meaning of 'malice' in the context of s18 and s20 offences?
Intent to cause harm
What is the difference between 'wound' and 'grievous bodily harm'?
A wound requires breaking the skin, while GBH does not
What is the required actus reus for a s18 offence?
Causing grievous bodily harm
Study Notes
Assault and Battery
- Assault: intentionally or recklessly causing the apprehension of immediate unlawful personal violence
- Battery: intentionally or recklessly causing unlawful personal contact
- MR (Mens Rea) for assault and battery: intent or recklessness as to causing apprehension (assault) or causing unlawful contact (battery)
Actual Bodily Harm (s47)
- ABH: more serious harm than battery
- Conduct: conduct that causes result
- MR: voluntariness
- Circumstance: V is a person
- Circumstance MR: knowledge
- Result: V apprehends an imminent threat of unlawful force or V suffers ABH
- Result MR: intention or recklessness
- Level of harm required: injuries that are more than transient or trifling
- Examples of ABH: bruising, abrasions, temporary loss of consciousness, broken teeth or nose, psychiatric injury
- Constructive liability: s47 is constructive liability, only requires MR for the base offence of assault or battery
- No need to foresee or foresee risk of the more serious ABH level of harm
Wounding or GBH (s20 and s18)
- S20: wound or inflict GBH with malice
- S18: wound or cause GBH with intent
- Conduct: conduct that causes the result
- MR: voluntariness
- Circumstance: V is a person
- Circumstance MR: knowledge
- Result: V is wounded or V suffers GBH
- Result MR: recklessness (malice) as to some bodily harm
- Malice: requires broadly D to intend or foresee the possibility of causing V bodily harm
- S18: intent is key, requires intent (not mere recklessness) in 2 ways: with intent to do GBH or with intent to resist arrest or prevent lawful apprehension or detainer
Key Cases
- R v Ireland: psychiatric injury is capable of amounting to actual or grievous bodily harm
- Smith v Cs of Woking Police: D entered the grounds of a private garden and looked through V's window, causing V to jump and scream, and this amounted to assault
- R v Constanza: D harassed V over a period of 20 months, causing V to suffer clinical depression, and this amounted to assault
- Faulkner v Talbot: convicted of indecent assault after touching a 14-year-old's penis
- R v Thomas: D touched the hem of a 12-year-old's skirt, and this was equivalent to touching V
- Fagan v MPC: using a car as a weapon
- DPP v K: acid hand dryer
- R v Martin: found battery where D digs a pit for V to fall into, or causes injury through the placing of an obstruction
- DPP v Saint Bermudez: D assured V, who was a police officer, that he was not carrying any sharps before she searched him, and V was injured, and this was capable of giving rise to battery
- R v Vienna: recklessness was sufficient MR for assault and battery
- R v Miller: sex with wife non-consensual
- R v Roberts: lady jumped out of car after man was assaulting her, and this was irrelevant for ABH
- R v Savage: no foreseeing needed for MR to cause ABH
- R v Sidhu: intent to cause GBH based on running behind and stabbing the V
- R v Taylor: D stabbed V in the back during an altercation, and there was no evidence D intended to cause GBH
Test your knowledge of criminal law with this quiz on offences against the person, including wounding, grievous bodily harm, and assault and battery. Understand the differences between S18, S20, and S47 offences and their corresponding sentences. Review the concepts of apprehension and unlawful personal violence.
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