Non fatal offences

• Assault - S39 Criminal Justice Act 1988 - up to 6 months imprisonment

  • an act which causes the victim to apprehend immediate unlawful violence
  • An Act:
  • R V Constanza 1997 - words alone can amount to assault (letters)
  • R v Ireland 1997 - in some circumstances silence can amount to assault (silent phone calls)
  • Apprehend: (subjective test)
  • Tuberville v Savage 1669 - must be imminent (so conditions set on a threat may not amount to assault)
  • R v Lamb 1967 - V must fear (if they know there is no danger it is not assault)
  • Mens Rea : Direct Intention (Mohan) or Subjective Recklessness (Cunningham 1975)
• Battery - S39 Criminal Justice Act 1988 - up to 6 months imprisonment

  • the application of unlawful physical force
  • Actus Reus:
  • Day 1845 - touching of clothes may amount to battery but not if the courts find the victim "overly sensitive"
  • Collins v Wilcock 1985 - must be outside of the ordinary and not inevitable
  • DPP v Santana-Bermudez - an omission can amount to a battery
  • DPP v K - battery can be an indirect result of the D's actions (indirect battery)
  • Mens Rea:
  • Direct Intention (Mohan) or Subjective Recklessness (Cunningham 1975)
• ABH (actual bodily harm) - S47 Offences Against a Person Act 1861 - up to 5 years imprisonment

  • when a person "commits an assault/battery occasioning in actual bodily harm"
  • Actus reus:
  • Assault or battery
  • Miller : "any hurt or injury which interferes with the health and comfort"
  • Chan Fook: "does not have to be permanent but must be more than trivial"
  • T v DPP 2003: "loss of consciousness even momentarily is actual bodily harm"
  • Mens Rea:
  • Direct Intention (Mohan) or Subjective Recklessness (Cunningham 1975)
  • ***does NOT have to have intention to cause ABH can also be fore assault and battery"
• GBH (grievous bodily harm) S20/S18 - Offences Against a Person Act 1861

  • Actus Reus:
  • Moriarty v Brookes - wound : "if the skin is broken, and there was bleeding, that is a wound"
  • R v Eisenhower 1984 - internal bleeding does NOT constitute a wound
  • DPP v Smith - GBH - really serious injury
  • Dica 2004 - biological injury is enough E.g. an STD
  • Burstow 1997 - psychological injury is enough E.g. severe depression
  • Bollom 2004 - age and health is irrelevant in regards to severity of injury
• S20 GBH (grievous bodily harm) - Offences Against a Person Act 1861 - up 5 years imprisionment

  • Mens Rea :
  • Direct Intention (Mohan) to cause SOME harm
  • Subjective Recklessness (Cunningham 1975) to cause SOME harm
• S18 GBH (grievous bodily harm) - Offences Against a Person Act 1861 - up to a life sentence (15 years)

  • Mens Rea:
  • Oblique Intention (Woollin 1998) to cause GBH
  • Direct Intention (Mohan) to cause GBH