Common Assault

• Definition of assault


  Act which causes the victim to apprehend immediate unlawful violence

  E.g. Raising a fist or making a threat
• AR of assault

  There must be an act

  Victim must apprehend immediate unlawful force

  R v Lamb
• Definition of battery


  The application of unlawful force to another person

  Even touching victims clothes can be sufficient (R v Thomas)
• AR of Battery


  Application of unlawful force to another

  Collins v Wilcock
• Continuing act


  Battery may be committed through continuing act

  Fagan v Met police commissioner
• Indirect act

  Battery can be through indirect act e.g. booby trap

  DPP v K
• Omission


  Criminal liability can arise from an omission but only if the defendant is under a duty to act.

  DPP v Santa Bermudez
• Battery without an assault


  Occurs when the victim is unaware that unlawful force is about to be used on them e.g. coming form behind them
• MR of Assault


  Intention to cause another to fear immediate unlawful violence or recklessness
• MR of a Battery


  Intention to apply unlawful force to another or recklessness
• Actual Bodily Harm


  Offences Against the Persons Act 1861 under s47
• AR of ABH s47


  Assault or battery needs to be present

  Miller - 'any hurt or injury calculated to interfere with the health or comfort of the victim'
• Examples of ABH


  Bruising, grazes, scratches, minor fractures, psychological harm

  DPP v Smith (2006)
• MR of ABH s47


  Same as MR for common assault

  No need to intend to be reckless
• GBH


  s20 1861- malicious wounding/inflicting grievous bodily harm

  Maximum sentence of 5 years
• Wound


  Cut or break in the continuity of the whole skin

  Does not include internal bleeding or scratches
• Grievous Bodily Harm


  Serious Harm

  R v Dica
• Inflicting GBH


  In R v Burstow it was decided that 'inflict' does not require assault or battery
• MR of s20 GBH


  An intention to do harm that was done or recklessness (no need for harm to be foreseen- R v Parameter)
• Evaluation

  Out of Date- 150 years old (1861), mental health considered more today

  Inconsistency between offences - Sentencing is the same for abh and s20 even though s20 is a lot more serious

  Need for modern, simplified language - the meaning of maliciously has changed
• Evaluation pt2

  Law commission report :

  There should be a clear hierarchy of offences reflecting

  - harm caused

  -culpability of D

  -maximum penalty

  There should be:

  • aggravated assault
  • physical assault
  • threatened assault
  • assault intending to resist arrest