PARAGRAPHS

• INTRODUCTION - ASSAULT

  It is possible that X (the defendant) will be liable for an assault in relation to Y (the conduct). An assault is a common law offence, but is charged under S.39 Criminal Justice Act 1988, and it is defined as ‘intentionally or recklessly committing an act which causes the victim to apprehend immediate unlawful violence’. 
• ACTUS REUS - ASSAULT

  Regarding the actus reus, there must be an act, it cannot be an omission. This could be by words, actions or both (Constanza; Ireland) and the term ‘apprehend’ means ‘belief’ that the force is capable of being carried out (Lamb), this does not have to be a rational belief as long as it is honestly held. The term ‘immediate’ means ‘imminent’ (Smith v Woking), and the force that the victim apprehends must be unlawful - there will not be an assault if it is consensual, in self defence or the prevention of crime.
• ACTUS REUS - ASSAULT (This could come out unless it is relevant).

  It has also been held that a conditional threat is sufficient for an assault, however, sometimes the words used can indicate that there will be no violence and therefore negates the assault (Tuberville v Savage).
• MENS REA - ASSAULT

  The mens rea of an assault is intention (the defendant’s aim or purpose - Mohan), or recklessness (where the defendant realised the risk and took it anyway - Cunningham), as to committing an act which causes the victim to apprehend immediate unlawful violence.
• INTRODUCTION - BATTERY

  It is possible that X (the defendant) will be liable for battery in relation to Y (the conduct). Battery is a common law offence, but is charged under S.39 Criminal Justice Act 1988, and it is defined as ‘intentionally or recklessly applying unlawful force’. 
• ACTUS REUS - BATTERY

  Regarding the actus reus, there must be the application of unlawful force. Unlawful force is any touching that the victim does not consent to, but it must be more than everyday touching (Collins v Wilcock). It can be direct or indirect, but must be unlawful. 
• MENS REA - BATTERY

  The mens rea of a battery is intention (the defendant’s aim or purpose - Mohan), or recklessness (where the defendant realised the risk and took it anyway - Cunningham), as to the application of unlawful force.
• INTRODUCTION - ACTUAL BODILY HARM

  It is possible that X (the defendant) may be liable for Actual Bodily Harm in relation to Y (the injury). This is contained in S.47 Offences Against the Person Act 1861, and is defined as ‘any assault or battery that causes ABH’. 
• ACTUS REUS - ACTUAL BODILY HARM

  In order for this to be satisfied, the assault / battery must result in ABH- this is ‘any injury which is more than trivial (Chan Fook). ABH can include psychiatric injury as long as it is more than ‘mere emotions, such as fear, distress or panic’ (Chan Fook), and it includes momentary unconsciousness (T v DPP). 
• MENS REA - ACTUAL BODILY HARM

  The mens rea for ABH is that of the assault or battery (Savage) and there is no need for the defendant to even realise the risk of harm. 
• INTRODUCTION - GREVIOUS BODILY HARM / WOUNDING S.20

  It is possible that X (the defendant) may be liable for GBH / wounding (delete as appropriate) in relation to X (the injury), under S.20 Offences Against the Person Act 1861. 
• ACTUS REUS - GREVIOUS BODILY HARM / WOUNDING S.20

  GBH has been determined to mean ‘serious harm’ (Smith ; Saunders) and includes serious psychiatric injury (Burstow) and serious infections (Dica). A wound has been determined to mean ‘any break in the continuity of the skin’ (Eisenhower). (Only include the relevant injury!)
• MENS REA - GREVIOUS BODILY HARM / WOUNDING S.20

  The mens rea for S.20 is intention or recklessness as to whether some harm might occur (Cunningham). 
• INTRODUCTION - GREVIOUS BODILY HARM / WOUNDING S.18

  It is possible that X (the defendant) may be liable for GBH / wounding in relation to X (the injury), under S.18 Offences Against the Person Act 1861.
• ACTUS REUS - GREVIOUS BODILY HARM / WOUNDING S.18

  GBH has been determined to mean ‘serious harm’ (Smith ; Saunders) and includes serious psychiatric injury (Burstow) and serious infections (Dica). A wound has been determined to mean ‘any break in the continuity of the skin’ (Eisenhower).
• MENS REA - GREVIOUS BODILY HARM / WOUNDING S.18

  The mens rea for S.18 is intention as to causing serious harm. This can only be satisfied by direct intent (the defendant’s aim or purpose - Mohan) or oblique intent (where the consequence is different, but the defendant will have foreseen it as a virtual certainty - Nedrick ; Woollin).