Non fatal offences against the person

• non fatal offences - most serious to least serious

  • GBH ( with intent )
  • GBH ( wounding and inflicting )
  • ABH
  • battery
  • Assault
• common assault can be committed in one of two ways

  • assault
  • battery
• s.39 offences against person act 1861

  • common assault and battery shall be summary offences and person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale (£ 5000) to imprisonment for a term not exceeding sixth months or both
  • common assault will be heard in the magistrates court
• difference between assault and battery

  assault is the threat or attempt to cause harm , while battery is the actual physical contact or both
• Assault

  • act which causes the victim to apprehend the infliction of immediate unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether fear is caused by
  • actus rea of assault - ’ an act which causes the victims to apprehend the infliction immediate , unlawful force ‘
  • men’s Rea of assault - ‘ an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether fear is caused
• battery

  • the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
  • actus Rea of battery - the application of unlawful force to another person
  • mens Rea for battery - intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
• Intention or recklessness is sufficient ( right ) for both assault and battery
• Assault occasioning ABH

  • an assault of battery which causes actual bodily harm , with the intention to cause the victim to fear unlawful force or to be subject unlawful force ( actually being harmed or being threatened with harm ) or to be subjectively reckless ( d did not care his actions could bring harm ) as to whether the victim fear is subjected to unlawful force
  • ABH is triable either way offence
  • It is tried in the crown court
• ABH actus Rea and mens Rea

  • Actus Rea - an assault of battery which causes abh
  • Men’s Rea ‘ with the intention to cause the victims to fear unlawful force , or to be subject to unlawful force to be subjectively reckless as to whether the victim fear is subjected to unlawful force
• mens Rea for common assault

  • d must intend or be reckless as to whether v fears or is subjected to unlawful force
• Malicious wounding / inflicting GBH

  • s.20 : ‘ whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon another person , with or without a weapon or instrument , shall be guilty of an offence and shall be liable to imprisonment for not more than five years ‘
  • actus rea - wounded victims or inflicted GBH
  • men’s Rea - intended some injury to be caused or recklessness as to injury inflicted
  • triable either way offence , tried in crown court and is a specific intent ofence
• wound

  • a cut or a break in the continuity of the whole skin
• wounding / causing GBH

  • s.18 : ‘ whosever shall unlawfully and maliciously wound or cause any grievous bodily harm to any person , or with intent to resist or prevent the lawful apprehension or detainer of any person ‘
  • actus Rea - wounding / causing GBH
  • Mens Rea - intention to down some GBH , or intention to resist and prevent the lawful apprehension and detainer
  • Indictable offence , tired in crown court and is a specific intent offence