non fatal

• assault and battery - s39 criminal justice act 1988
• s39 - not defined in statute - common law def
• assault - any conduct that intentionally or recklessly causes v to fear imminent unlawful violence
• battery - any conduct that intentionally or recklessly inflicts unlawful violence
• assault ar - does not require physical contact
• assault can be committed by words alone
• assault ar does not need to believe that violence would cause injury just needs to fear it
• imminent threat - measured by an objective test
• assault mens rea - requires d to intend or be reckless as to causing the result
• battery actus reus - infliction of unlawful personal violence
• battery ar can be indirect (DPP V K) can be an omission (Santana Bermudez v dpp)
• battery mens rea - intention or recklessness as to causing the result
• s47 oapa - abh - actual bodily harm
• s47 - satisfied where d commits an assault or battery that cause v to suffer actual bodily harm
• s47 actus reus - where d commits and assault or battery that causes v to suffer ABH
• s47 - abh not defined but anything that interest with health and comfort of v (burstow)
• s47 mens rea - base offence mr
• s20 - malicious wounding and or inflicting gbh
• s20 actus reus - wounding means 2 layers of skin being broken (Eisenhower)
• s20 mens rea - acting recklessly to cause the action - does not require them to force or intend harm (parameter)
• s18 - d has intention to cause gbh
• s20 gbh - conduct caused v to suffer a wound or gbh - wound is breaking more than two layers of skin (Eisenhower)
• s20 mens rea - causing gbh with malice and intention