Non-fatal Offences

• Assault

  Defined in Common Law but charged under s.39 Criminal Justice Act 1988
• Assault - actus reas

  Actions or words which cause V to apprehend immediate unlawful force
• Assault - mens rea

  Intentionally causing V to apprehend immediate unlawful force

  OR

  Recklessly causing V to apprehend immediate unlawful force
• Battery

  Defined in Common Law but charged under s.39 Criminal Justice Act 1988
• Battery - actus reas

  Applying unlawful force to another person

  
  

  Touching someone’s clothes while they are wearing them is equivalent to touching the person, unlike Assault, an omission can form a Battery. the force must be unlawful. If force is used for a legitimate reason, e.g. self-defence or as part of a lawful arrest, there is no crime.
• Battery - mens rea


  Intentionally applying unlawful force to V

  OR

  Recklessly applying unlawful force to V
• Assault occasioning Actual Bodily Harm

  s.47 Offences Against the Person Act 1861
• ABH - actus reas


  Assault or Battery

  Which causes Actual Bodily Harm (ABH)

  
  

  There must be the AR of either an Assault or Battery. Usually there will be a battery, e.g. kicking someone which causes bruising to their leg.

  The kick is a battery and the injury amounts to ABH. ABH was defined as “any hurt or injury calculated to interfere with health or comfort”, provided it is more than trivial. Harm is not limited to injury to the skin, flesh and bones.
• ABH - mens rea

  Intentionally or recklessly causing V to apprehend immediate unlawful force (MR of assault)

  OR

  Intentionally or recklessly applying unlawful force to V (MR of battery)
• Maliciously wounding or inflicting Grievous Bodily Harm


  s.20 Offences Against the Person Act 1861
• GBH - actus reas

  Wounding OR

  Inflicting Grievous Bodily Harm

  Any cut could be treated as a wound, provided it breaks two layers of the skin. GBH includes things like broken limbs, dislocations, permanent disability.
• GBH - mens rea


  Intentionally causing some harm

  OR

  Recklessly causing some harm
• Wounding or causing Grievous Bodily Harm with intent


  s.18 Offences Against the Person Act 1861
• GBH with intent - actus reas

  Wounding OR

  Causes Grievous Bodily Harm (GBH)

  The AR of s.18 is identical to s.20. So “wounding” means breaking two layers of the skin (Eisenhower) and GBH means “serious harm” (DPP v Smith).
• GBH with intent - mens rea

  Intention to cause GBH OR

  Intention to resist arrest (with foresight of some harm)

  It is the MR of s.18 which makes the offence so serious. The MR of s.18 usually occurs where D intends to cause serious injury. Intention can be direct (D’s aim or purpose is to cause serious injury) or indirect (D realises serious injury is a virtual certainty).