LAW1114 Lecture Notes - Lecture 7: Common Assault, Bodily Harm, All England Law Reports

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19 Jun 2018
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TOPIC&5:&NON-FATAL&NON-SEXUAL&OFFENCES&AGAINST&
THE&PERSON&
Offences'against'the'person:'Common'law'assault'
COMMON%LAW%ASSAULT:%GENERAL%OUTLINE%
Waller & Williams [2.2]: Introduction
R v Lynsey
[1995] All ER 654: Statutes and cases use the term ‘assault’ to cover both a (psychological)
assault and a battery
Waller & Williams [2.3]-[2.4]: Common Assault: The elements of unlawfulness
Must have an element of unlawfulness in the transaction
Section 20(2)(a) of the Criminal Law Consolidation Act 1935 (SA): ‘Conduct lies within the limits of
what would be generally accepted in the community as normal incidents of social interaction or
community life cannot amount to an assault
DEFINITION%OF%ASSAULT%
Fagan v Metropolitan Police Commissioner
[1968] 3 All ER 422
Parties: Fagan (appellant); R (respondent)
Jurisdiction: Queen’s Bench Divisional Court
Material facts:
o The appellant drove to the kerbside and parked as the victim had instructed, but stopped too far for
the victim’s liking
o The victim indicated the precise spot he wanted the appellant to park and the appellant drove forward
and parked on the victim’s foot
o The victim told the appellant to get off his foot, but the appellant initially did not act as per the
request
o After the victim’s protests, the appellant reluctantly drives off the victim’s foot
o The appellant was convicted for assault at first instance, and his appeal to the Middlesex Quarter
Session was dismissed
Legal issue: Whether the initial act of mounting the car on the victim’s foot with no MR can constitute an
assault, and whether the appellant’s omission of an act can satisfy the AR requirement
Held (findings): Appeal was dismissed
o The appellant’s act of driving onto the victim’s foot and omission to get off is a continuing act, and
the MR formed during the course of the act, thereby satisfying the need of contemporaneity between
the MR and AR for the act
R v Ireland [1997] 4 All ER 225
First Appeal: D made repeated silent telephone calls, mostly at night, to 3 women, as a result of which
they suffered psychiatric illness. D was convicted with 3 counts of assault occasioning actual bodily harm
Second Appeal: D had conducted an 8-month harassment campaign against a woman. The woman was so
badly affected by the harassment that she suffered from a severe depressive illness. D was convicted of
unlawfully and maliciously inflicting GBH.
‘Bodily harm’: Capable of covering recognized psychiatric illnesses (e.g. an anxiety disorder or a
depressive disorder) which affected the central nervous system of the body
o Inflicting GBH can be committed when no physical violence is applied directly or indirectly to the
victim
o Cannot be states of fear, or problems in coping with everyday life
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Document Summary

Fagan v metropolitan police commissioner [ 1 9 6 8 ] 3 a ll e r 4 2 2. Definition of assault: parties: fagan (appellant); r (respondent, material facts: P o s itiv e a c t/w o r d s. R v ireland [1997] 4 all er 225: first appeal: d made repeated silent telephone calls, mostly at night, to 3 women, as a result of which they suffered psychiatric illness. D was convicted with 3 counts of assault occasioning actual bodily harm: second appeal: d had conducted an 8-month harassment campaign against a woman. The woman was so badly affected by the harassment that she suffered from a severe depressive illness. D was convicted of unlawfully and maliciously inflicting gbh. Bodily harm": capable of covering recognized psychiatric illnesses (e. g. an anxiety disorder or a depressive disorder) which affected the central nervous system of the body.

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