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Assaults - a ready reckoner
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Assault

Section 39 Criminal Justice Act 1988

 

An assault is any act by which someone, intentionally or recklessly, causes another person to apprehend immediate and personal violence. "Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."

 

Battery

Section 39 Criminal Justice Act 1988

 

Any intentional or reckless touching of another person without the consent of that person and without lawful excuse.

  

Assault Occasioning Actual Bodily Harm

Section 47 Offences Against the Person Act 1861

 

Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable . . . to [imprisonment for five years].

 

Wounding or inflicting GBH

Section 20 Offences Against the Person Act 1861

 

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of [an offence], and being convicted thereof shall be liable to [imprisonment for not more than five years]

 

Wounding or causing GBH with intent

Section 18 Offences Against the Person Act 1861

 

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of [an offence], and being convicted thereof shall be liable to [imprisonment] for life.

 

 

Actus

Mens

Mens to what

D does not have to have the mens to cause specific injury, namely the…..

Sec 39 Assault

By words/actions;

Direct or indirect Wilson

Intention/

Recklessness

Fagan v MPC

Fear of immediate violence

Sec 39 Battery

By application of force;

Direct or indirect

Intention/

Recklessness

Brown

(Application of force Venna)

Sec 47

ABH

Assault Occasion (causing [objective view Roberts] injury by assault includes battery Little & Lyndsey)
(no battery necessary Constanza and Ireland)

(... any hurt or injury calculated to interfere with the health or comfort ... Miller)

Intention/

Recklessness

 

 

(No more needed than the assault or battery Savage)

Specific ABH Injury

Sec 20

Wounding

 

Wound

By battery

(Maliciously means "intention or recklessness"

Cunningham)
(and subjective foresight of consequences Mowatt and
Savage)

Inflict some physical harm Mowatt

Specific Wounding

Sec 20

GBH

 

 

Inflict (cause) GBH;

 

(Inflict and cause have same meaning Lord Hope in Burstow)

 

(Assault not necessary Wilson)

 

(Application of force not now required e.g. escape cases, stalking cases)

Maliciously (intention or recklessness)

Cunningham

Inflict some harm

Serious harm

Sec 18

GBH

with intent

 

 

Cause  (inflict) GBH Assault not necessary.

Application of force not now required e.g. escape cases, stalking cases

(Inflict and cause have same meaning;Lord Hope in Burstow)

Wounding with intent to do grievous bodily harm;

causing grievous bodily harm with intent to do so

maliciously cause grievous bodily harm with intent to resist arrest etc. or

maliciously causing grievous bodily harm with intent to resist arrest etc.

Cause GBH

 

 

 

  

 

Cause some harm.

D does require specific mens rea for the 4 offences in Sect 18 each requires a specific intent.

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