Conspire to assault a person thereby occasioning them actual bodily harm

Points to prove

• 1. The defendant agreed with one or more other persons that a course of conduct would be pursued
• 2. That course of conduct, if carried out in accordance with their intentions, would necessarily amount to or involve the commission of an assault occasioning actual bodily harm (contrary to s 47 Offences Against the Person Act 1861) by one or more parties to the agreement
• 3. The agreed conduct involved the intentional or reckless application of unlawful force to (or causing apprehension of immediate unlawful force by) the intended victim, occasioning bodily harm more than merely transient or trifling
• 4. The defendant intended to be a party to the agreement and intended that the assault occasioning actual bodily harm be committed

Defences

• Statutory exemption — s 2(1) Criminal Law Act 1977: a person who is an intended victim of the offence cannot be guilty of conspiracy to commit it
• Statutory exemption — s 2(2) Criminal Law Act 1977: not guilty if the only other party or parties to the agreement are the defendant's spouse or civil partner, a person under the age of criminal responsibility, or an intended victim

Mode of trial & maximum penalty

Indictable only — 5 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/1977/45/section/3
• www.legislation.gov.uk/ukpga/Vict/24-25/100/section/47
• www.cps.gov.uk/legal-guidance/offences-against-person-incorporat
• www.legislation.gov.uk/ukpga/1977/45/section/1