AQA Law - Non Fatal Offences

• Assault


  Section 39 of the Criminal Justice Act, 1988
• Assault - Actus Reus


  an act which causes the victim to apprehend immediate unlawful violence
• Assault - Mens Rea


  intention to cause the victim to apprehend immediate unlawful violence OR recklessness as to such an apprehension being made
• Assault - Key Points of Law (1)

  there is no need for any physical contact between the defendant and the victim
• Assault - Key Points of Law (2)

  violence must be threatened immediately
• Assault - Key Points of Law (3)


  the threatened violence must be unlawful (shown through the lack of consent)
• Assault - Key Cases (1)

  Read v. Coker - Defendant walked towards the victim and rolled up his sleeves
• Assault - Key Cases (2)

  Lodgen - Defendant jokingly pointed his gun at the victim. The victim was terrified and the defendant told the victim that the gun was a replica
• Assault - Key Cases (3)

  Constanza - Words alone can constitute assault
• Assault - Key Cases (4)

  Ireland - The defendant made silent phone calls to the victim which caused psychiatric injury to the victim.
• Assault - Key Cases (5)


  Smith v. CSIWP - immediate means at some point in the future
• Assault - Key Cases (6)


  Savage - Mens Rea for Assault
• Battery


  Section 39 of the Criminal Justice Act, 1988
• Battery - Actus Reus

  the unlawful application of physical force to another person
• Battery - Mens Rea


  the defendant intentionally or recklessly applied force to a person of another
• Battery - Key Points of Law (1)


  for battery, the force can be very slight
• Battery - Key Points of Law (2)

  unlawful force implies lack of consent (activities involving implied consent are: bumping someone on a bus, contact whilst playing sports, tapping someone's shoulder to get their attention etc.)
• Battery - Key Cases (1)

  Thomas - touching a person's clothing can be battery
• Battery - Key Cases (2)

  DPP v. Khan - the defendant had set a trap for the future. the unlawful violence occurred once the trap was activated
• Battery - Key Cases (3)

  Haystead - battery can be indirect
• Battery - Key Cases (4)

  Venna - Mens Rea
• Battery - Typical Injuries


  minor bruising, minor grazes, stings, touching the victim
• Section 47

  Offences Against the Persons Act 1861
• Section 47 - Actus Reus


  assault occasioning actual bodily harm
• Section 47 - Mens Rea

  intention or recklessness as to assault or battery
• Section 47 - Key Points of LAw (1)

  'assault' means either assault or battery
• Section 47 - Key Points of Law (2)

  'occasioning' means bringing the consequence (normal rules of causation apply)
• Section 47 - Key Points of Law (3)

  there needs to be actual bodily harm
• Section 47 - Key Cases (1)

  Chan Fook - actual bodily harm can be psychiatric harm
• Section 47 - Key Cases (2)

  Smith - actual bodily harm is not limited to injury, and extends to hurt and damage so long as it is not trivial or trifling. it is not limited to skin / flesh / bones but all parts of the body including hair
• Section 47 - Key Cases (3)

  Miller - actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim providing it is more than trivial or trifling
• Section 47 - Key Cases (4)

  Savage - Mens Rea (the defendant only needs the mens rea for either the assault or battery and not the actual harm caused)
• Section 47 - Typical Injuries

  extensive bruising, chipped tooth, minor fractures (toes, fingers), less serious psychiatric injuries
• Section 20

  Offenses Against the Persons Act, 1861
• Section 20 - Actus Reus


  unlawful wounding OR unlawful infliction of grievous bodily harm
• Section 20 - Mens Rea

  intention or recklessness as to some harm occurring
• Section 20 - Key Points of Law (1)

  unlawful wounding - lack of consent and establishing that a wound has occurred (bleeding is a good indicator & a break in both layers of the skin)
• Section 20 - Key Points of Law (2)

  unlawful infliction of grievous bodily harm - lack of consent and grievous = serious
• Section 20 - Key Points of Law (3)


  the harm must have been done maliciously - direct intent or recklessness for some harm
• Section 20 - Key Cases (1)

  Eisenhower - for a wound both layers of skin have to be broken