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Criminal Law Notes, Schemes and Mind Maps of Criminal Law

Bath Spa UniversityCriminal Law

“Assault is generally synonymous with the term 'battery' and is a term used to mean the actual intended use of unlawful force to another person without his.

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 09/12/2022

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Criminal(Law(Notes!
Assault'
• Is#defined#by#common#law#in#Fagan%v%Commissioner%of%Metropolitan%Police)#
#
#
#
#
#
#
#
• Penalty#for#common#assault#is#defined#in#s61$of$the$Crimes$Act:#
#
#
#
#
• There#are#FOUR#types#of#assaults#à#Hierarchy##
o Common$Assault$(LEAST$SERIOUS)$à$s61$of$the$Crimes$Act#
§ i.e.#touching#someone#or#grabbing#a#handbag#or#threatening#
words#
o Assault$Occasioning$actual$bodily$harm$(AOABH)$à$s59$#
§ Often#during#bar#fights:#
§ Pushing/grabbing#hair#
o Recklessly$causing$grievous$bodily$harm$or$wounding$à$s35#
§ Difference#between#ACTUAL#bodily#harm#and#GREVIOUS#bodily#
harm#is#‘use#of#a#weapon#or#some#form#of#serious#injury’##
o Wound$or$inflict$GBH$with$intent$to$do$GBH$(VERY$SERIOUS)$à$s33#
§ Wounding#(often#with#a#weapon#e.g.#stilettos,#knives,#ropes,#bow#
and#arrow#etc.)#
Assault'Occasioning'Actual'Bodily'Harm'
• In!R'v'Williams'the!court!held!that!in!cases!of!assault!occasioning!in!actual!bodily!
harm,!there!is!no!obligation!to!prove!an!intention.!If!the!assault!(Battery)!took!place!
and!actual!bodily!harm!was!the!consequence,!the!offence!was!made!out!without!the!
need!to!establish!any!fault!element!other!than!the!necessary!intent,!or!foresight,!for!
common!assault.!!
!
DEFINITION'OF'ASSAULT'(Fagan'v'Commissioner'of'Metropolitan'Police)'!
James'J:'!
§ “An!assault!is!any!act!which!intentionally!–!or!possibly!recklessly!–!causes!
another!person!to!apprehend!immediate!and!unlawful!personal!violence”.!!
§ Any!act!(not!an!omission)!which!directly!and!intentionally!or!recklessly!causes!
another!person!to!apprehend!immediate!and!nonCconsensual!(for! example!violent!
or!offensive)!contact.!!
§ “Assault!is!generally!synonymous!with!the!term!‘battery’!and!is!a!term!used!to!
mean!the!actual!intended!use!of!unlawful!force!to!another!person!without!his!
consent”.!!
Crimes'Act'1900'(NSW)'s61'–'Common'assault'prosecuted'by'indictment'!
‘Whosoever!assaults!any!person,!although!not!occasioning!actual!bodily!harm,!shall!
be!liable!to!imprisonment!for!two!years’!!
*Note,#This#section#does#not#provide#a#definition##
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Criminal Law Notes

Assault

  • Is defined by common law in Fagan v Commissioner of Metropolitan Police)
  • Penalty for common assault is defined in s61 of the Crimes Act:
  • There are FOUR types of assaults à Hierarchy o Common Assault (LEAST SERIOUS) à s61 of the Crimes Act § i.e. touching someone or grabbing a handbag or threatening words o Assault Occasioning actual bodily harm (AOABH) à s § Often during bar fights: § Pushing/grabbing hair o Recklessly causing grievous bodily harm or wounding à s § Difference between ACTUAL bodily harm and GREVIOUS bodily harm is ‘use of a weapon or some form of serious injury’ o Wound or inflict GBH with intent to do GBH (VERY SERIOUS) à s § Wounding (often with a weapon e.g. stilettos, knives, ropes, bow and arrow etc.)

Assault Occasioning Actual Bodily Harm

  • In R v Williams the court held that in cases of assault occasioning in actual bodily harm, there is no obligation to prove an intention. If the assault (Battery) took place and actual bodily harm was the consequence, the offence was made out without the need to establish any fault element other than the necessary intent, or foresight, for common assault. DEFINITION OF ASSAULT (Fagan v Commissioner of Metropolitan Police) James J: § “An assault is any act which intentionally – or possibly recklessly – causes another person to apprehend immediate and unlawful personal violence”. § Any act (not an omission) which directly and intentionally or recklessly causes another person to apprehend immediate and non-­‐consensual (for example violent or offensive) contact. § “Assault is generally synonymous with the term ‘battery’ and is a term used to mean the actual intended use of unlawful force to another person without his consent”. Crimes Act 1900 (NSW) s61 – Common assault prosecuted by indictment ‘Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years’ *Note, This section does not provide a definition
  • What is Actual Bodily Harm? o ‘Bodily Harm’ is to be given its ordinary meaning – and includes any hurt or injury calculated to interfere with the health or comfort of the victim, it must be more than merely transient or trifling, but it doesn’t have to be permanent ( R v Donovan ) o A clinically identifiable psychiatric condition is a form of actual bodily harm e.g. anxiety disorder ( ChanFook )

Grievous bodily harm

  • Grievous bodily harm is bodily injury of a really serious kind ( DPP v Smith )
  • The killing of the foetus can amount to the infliction of grievous bodily harm upon the mother ( R v King ) TYPES OF GRIEVOUS BODILY HARM: Sexual Disease:
  • In NSW it is considered grievous bodily harm to infect another with a grievous bodily disease (Crimes Act s4) Further, it is an offence to intentionally or recklessly infect another person with a disease (Crimes Act s33 and s35) Crimes Act 1900 (NSW) s 59 – Assault occasioning actual bodily harm (1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years. (2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years. Crimes Act 1900 s 4 à DEFINITION "Grievous bodily harm" includes: (a) The destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and (b) Any permanent or serious disfiguring of the person, and (c) Any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease). CRIMES ACT 1900 s 54 -­‐ Causing Grievous Bodily Harm à PENTALTIES Whosoever by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.