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Summary Criminal Law - Assaults, Consent, Reasonable Use of Force, Sexual Offences, Intoxication (Notes & Exam Guidance)

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These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). These notes include guidance on exam structure and technique where relevant. Compared t...

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  • July 19, 2023
  • 17
  • 2021/2022
  • Summary

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Criminal Law - Assaults, Consent, Reasonable Use of Force, Sexual Offences,
Intoxication

Assault:

- Simple Assault (a.k.a. common assault charged under s.39 Criminal Justice Act
1988)
- Causing the apprehension of immediate and unlawful force to another
person
- AR:
- Causing apprehension of (DOESN’T HAVE to be fear, just
anticipation)
- Includes silence (silent calls) - Ireland
- Immediate
- Unlawful
- I.e. without any lawful justification (no defence - statutory or
non-statutory, and other elements of AR and MR evident)
- As per R v Horwood [2012] EWCA Crim 253
- Issue:
- Defined that GBH inflicted in self-
defence would be lawful
- Force to a person (the victim)
- MR:
- Intention to cause apprehension of immediate unlawful force
- ‘Intention’ = aim/desire/purpose (Moloney)
- OR Recklessly causing apprehension of immediate unlawful force

- Physical Assault (common law / battery charged under s.39 CJA 1988)
- Immediate and unlawful infliction of force to a person (Fagan)
- AR:
- Infliction of force
- Can be indirectly applied (e.g DPP v K - boy placed acid in a
hair dryer which was later used by another child causing
injuries)
- Immediate
- And unlawful
- To a person (a victim)
- N.B. unlike for simple assault, the victim does not have to apprehend the
force inflicted against them
- MR:

, - Intention or recklessness as to the infliction of immediate unlawful
personal force



- S.47 Offences against the Person Act 1861 - Assault occasioning Actual
Bodily Harm (ABH)
- AR:
Simple or physical assault which leads to ABH
- Simple OR physical assault (causing apprehension of immediate
and unlawful force to a person OR immediate and unlawful infliction
of force to a person)
- Which causes
- Actual bodily harm
- Defined in R v Miller [1954] 2 QB 282 as hurt/injury
calculated to interfere with the health or comfort of the victim
that is more than merely transient or trifling
- Doesn’t have to be serious (e.g. a scratch or bruise
counts)
- A rise in mental health injuries in cases recently
- Law reflecting changing societal views as to
what constitutes an injury/actual bodily harm
- NOT limited to skin, flesh + bone injuries
- E.g. cutting of ponytail amounted to ABH (e.g.
haircutting amounts to harm) in DPP v Smith [2006]
EWHC 94 on appeal in HC
- Includes psychiatric injuries
- R v Ireland [1997] 3 WLR 534, approved R v Chan-
Fook - ABH includes psychiatric injury that must be a
clinical condition (e.g. depression), and strong
emotions (e.g. Panic, rage) DO NOT qualify alone
- Facts:
- D made a series of silent telephone calls
over three months to three different
women.
- Convicted under s.47 Offences Against
the Person Act 1861.
- He appealed contending that silence
cannot amount to an assault and that
psychiatric injury is not bodily harm.
- Held:

, - Appeal dismissed

- MR:
- Intention OR recklessness as to the simple/physical assault only
(strict liability as to the ABH)
- Savage / Parmenter [1991] 4 All ER 698

- S.20 OAPA - Wounding or Inflicting Grievous Bodily Harm
- AR:
- Wound
- Defined in Moriarty v Brookes (1834) 6 C & P 684 as
requiring both layers of the skin to be broken.
- Theoretically, a scratch (anything that draws blood)
counts
- N.B. means that internal bleeding and bruising DOES
NOT count as a wound, regardless of severity.
- Severe internal bleeding can amount to GBH though
- OR inflict GBH
- Means ‘really serious harm’
- DPP v Smith [1961] AC 290
- Objectively assessed - what amounts to ‘really serious harm’
- E.g. R v Brown and Stratton [1997] EWCA Crim 2255
- Issue: Lord Justice Potter on appeal stated
‘the nature of the enquiry is to be judged
objectively by a jury...not subjectively from the
standpoint of the victim.’
- Includes HIV/STDs - Dica
- Can include severe psychiatric problems and DOES NOT
have to involve simple/physical assault AR components
(immediate and unlawful infliction of force to the body)
- E.g. R v Burstow [1997] 4 All ER 225
- Facts:
- D made silent phone calls resulting in
the victim suffering severe psychiatric
illness
- Issues:
- 1. whether psychiatric injury could
amount to bodily harm under the OAPA
1861
- 2. whether a person could be liable
under s.20 where there was no direct or

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