UNIT 2 – Assaults, Consent and Reasonable Force
1. Demonstrate a comprehensive knowledge of the definitions of both common law
and statutory assaults and understand how to apply these to factual scenarios.
2. Make sound judgments as to how the defence of consent operates to absolve a
defendant from liability for assault in certain situations; and when the defence of
self-defence may be available to an accused person ** critical analysis topic
3. Locate and make critical use of judgments to increase the ability to participate in
academic debate on a controversial area of the criminal law.
4. Research and review academic opinion to enable you to critically evaluate the
current law on the defence of consent.
Types of Assault -
Simple assault – intention/recklessness causes person to apprehend immediate and
unlawful personal force Fagan v Met police – or s39 Criminal Justice act 1988
- Actus reus
- Apprehension = be aware of it, doesn’t necessarily mean they have to be
afraid of it
- Words alone without gesture can create apprehension R v Ireland
Silent calls intended to cause fear may also be included – dependant
on circumstance
- Must be immediate force – not applicable if force threatened in the future
But this is also applicable where feeling that something may happen
at any time Constanza 1997
- Conditional threats – liable for simple assault – unjustified restriction on the
victims liberty Read v Coker
- Mens rea
, - Intend/reckless to cause apprehension R v Venna
- Subjective test – foreseeability R V Spratt
- Positive act – necessary
Physical assault/Battery – infliction of unlawful personal force
- Defendant can be liable for both simple assault and battery, but if victim unaware of
attack prior to it happening only liable for battery
- No injury is required
- Application of force can be indirect – does not need to touch the body of the victim
e.g. placing an obstacle to cause harm - DPP v K (acid in hand-drier)
- Irrespective of hostility – Collins v Wilcock – ‘every persons body is inviolate…
protected from any physical injury or form of physical molestation’
ABH – S47 Offences against the Person Act 1861
- Maximum 5 years
- Requires proof of harm
- R v Miller – defines ABH as ‘any hurt or injury calculated to interfere with the health
or comfort of the victim’ – doesn’t have to be serious
- Includes psychiatric injury – if it is a recognisable clinical condition R v Ireland and it
doesn’t have to be permanent Chan-Fook
- Mens rea to assault only, do not need to intend harm R v Savage – strict liability
offence
- Assault occasioning actual bodily harm = AR and MR of assault or battery + causation
+ ABH.
Wounding or GBH – S20 Offences against the Person Act 1861
- A wound requires the continuity of the skin to be broken: Moriarty v Brookes –
simple cut not enough to amount to a wound
- Internal injury does not count as a wound C (a minor) v Eisenhower
- CPS state GBH includes - injury resulting in permanent disability; loss of sensory
function or visible disfigurement; broken or displaced limbs or bones, including
fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc.; injuries
which cause substantial loss of blood, usually necessitating a transfusion or result in
lengthy treatment or incapacity; and serious psychiatric injury.
- Foresight is necessary for conviction under s20 Parmenter
- Can be psychiatric
Wounding or GBH S18 Offences against the Person Act 1861
- Life imprisonment
- Unlawful, malicious cause wound or GBH with intent to do so or with intent to resist
or prevent the lawful apprehension
- Includes intention to resist arrest, prevent lawful apprehension/detaintment of
1. Demonstrate a comprehensive knowledge of the definitions of both common law
and statutory assaults and understand how to apply these to factual scenarios.
2. Make sound judgments as to how the defence of consent operates to absolve a
defendant from liability for assault in certain situations; and when the defence of
self-defence may be available to an accused person ** critical analysis topic
3. Locate and make critical use of judgments to increase the ability to participate in
academic debate on a controversial area of the criminal law.
4. Research and review academic opinion to enable you to critically evaluate the
current law on the defence of consent.
Types of Assault -
Simple assault – intention/recklessness causes person to apprehend immediate and
unlawful personal force Fagan v Met police – or s39 Criminal Justice act 1988
- Actus reus
- Apprehension = be aware of it, doesn’t necessarily mean they have to be
afraid of it
- Words alone without gesture can create apprehension R v Ireland
Silent calls intended to cause fear may also be included – dependant
on circumstance
- Must be immediate force – not applicable if force threatened in the future
But this is also applicable where feeling that something may happen
at any time Constanza 1997
- Conditional threats – liable for simple assault – unjustified restriction on the
victims liberty Read v Coker
- Mens rea
, - Intend/reckless to cause apprehension R v Venna
- Subjective test – foreseeability R V Spratt
- Positive act – necessary
Physical assault/Battery – infliction of unlawful personal force
- Defendant can be liable for both simple assault and battery, but if victim unaware of
attack prior to it happening only liable for battery
- No injury is required
- Application of force can be indirect – does not need to touch the body of the victim
e.g. placing an obstacle to cause harm - DPP v K (acid in hand-drier)
- Irrespective of hostility – Collins v Wilcock – ‘every persons body is inviolate…
protected from any physical injury or form of physical molestation’
ABH – S47 Offences against the Person Act 1861
- Maximum 5 years
- Requires proof of harm
- R v Miller – defines ABH as ‘any hurt or injury calculated to interfere with the health
or comfort of the victim’ – doesn’t have to be serious
- Includes psychiatric injury – if it is a recognisable clinical condition R v Ireland and it
doesn’t have to be permanent Chan-Fook
- Mens rea to assault only, do not need to intend harm R v Savage – strict liability
offence
- Assault occasioning actual bodily harm = AR and MR of assault or battery + causation
+ ABH.
Wounding or GBH – S20 Offences against the Person Act 1861
- A wound requires the continuity of the skin to be broken: Moriarty v Brookes –
simple cut not enough to amount to a wound
- Internal injury does not count as a wound C (a minor) v Eisenhower
- CPS state GBH includes - injury resulting in permanent disability; loss of sensory
function or visible disfigurement; broken or displaced limbs or bones, including
fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc.; injuries
which cause substantial loss of blood, usually necessitating a transfusion or result in
lengthy treatment or incapacity; and serious psychiatric injury.
- Foresight is necessary for conviction under s20 Parmenter
- Can be psychiatric
Wounding or GBH S18 Offences against the Person Act 1861
- Life imprisonment
- Unlawful, malicious cause wound or GBH with intent to do so or with intent to resist
or prevent the lawful apprehension
- Includes intention to resist arrest, prevent lawful apprehension/detaintment of
