NON FATAL OFFENCES

• Assault


  An act that causes another person to apprehend the immediate infliction of unlawful force
• Battery


  The unlawful application of force to another person
• Assault occasioning ABH - s.47


  1. D causes an assault or battery

  2. Which occasions actual bodily harm ('ABH')

  3. Intentionally or recklessly
• Actus Reus for s.47


  • Assault or battery
  • Causation
  • ABH
• Actual bodily harm (ABH)


  Any hurt or injury calculated to interfere with the health or comfort of the victim, more than merely transient and trifling
• Mens Rea for s.47


  The mens rea of the assault or battery, no additional mens rea required for ABH
• Malicious wounding or inflicting grievous bodily harm (GBH) - s.20


  1. Unlawfully and maliciously wounding another person

  2. Unlawfully and maliciously inflicting GBH on another
• Actus Reus for s.20


  • Wounding another
  • Inflicting GBH on another to constitute wound the inner and outer layer of skin must be broken (M'loughlin). bruise or internal bleed is not enough.
• Wounding


  More than a superficial scratch, where the inner and outer skin is broken
• Grievous bodily harm (GBH)


  Really serious harm - deep stab wounds is gbh (janjua and choudry)
• Mens Rea for s.20


  Intention or recklessness as to causing some harm
• Wounding/GBH with intent - s.18


  1. Unlawfully and maliciously wound or cause any grievous bodily harm to any person

  2. With intent to do grievous bodily harm to any person

  3. With intent to resist or prevent the lawful apprehension or detainer of any person
• Actus Reus for s.18


  • Wounding
  • Causing GBH
• Mens Rea for s.18 (causing GBH with intent to cause GBH)


  Specific intention to cause GBH, recklessness is not sufficient
• Mens Rea for s.18 (causing GBH with intent to resist lawful apprehension)


  Specific intent to resist lawful apprehension, plus intention or recklessness as to causing some harm