Offences against a person

• Assault


  Intentionally or recklessly causing V to apprehend immediate unlawful personal violence
• Actus Reus of Assault

  • The victim must apprehend
  • Immediate
  • Unlawful
  • Personal Violence
• Classic example


  • By raising his fist D causes V to fear that he will use immediate violence
• Case: Logdon


  • The defendant took an imitation gun out of his drawer and pointed it at a woman. The victim was frightened, when D realised this he told her the gun was fake. D was convicted of assault.
• Principle: Conviction upheld. - V does not have to be in real danger - V apprehended immediate personal violence (and D was reckless)
• Case: Ireland


  • I made a series of silent telephone calls over three months to three different women. The women suffered psychiatric harm as a result. I was convicted of Occasioning actual bodily harm.
• Ireland Principle: Silent telephone calls can amount to an assault
• Ireland Principle: The word "immediate" could mean "in a minute or two"
• Case: Tuberville v Savage [1669]


  • D put his hand on his sword and stated "if it were not assize-time", I would not take such language from you. Assize-time was when judges were in town for Court sessions.
• Tuberville v Savage Principle: Words may negate (cancel) a threat of violence
• Case: Light [1957]


  • D raised a sword above his wife's head and said "IF it warnt for the bloody policeman outside, I'd splet your head open!"
• Light Principle: Despite D's words, V was not sure of his intention, so Still feared violence -> Assault
• Mens Rea of Assault

  1. An Intention to cause the victim to apprehend immediate unlawful personal violence

  OR

  2. Being reckless as to whether such apprehension is caused
• Examples


  • Taking a risk that their words/actions could cause V to fear

  Raising a Fist

  Pointing a gun

  Making a verbal threat

  Throwing an object that misses V
• Assault occasioning actual bodily harm (S.47)


  Assault or battery that causes actual bodily harm - any hurt or injury calculated to interfere with health or comfort
• Proposal for Reform: Clause 3 - "Intentionally or recklessly causing injury to V"
• Battery


  Intentionally or recklessly applying unlawful force upon V
• Principle: A battery can be committed by the slightest of touching
• Principle: A battery can be committed by an indirect act
• Evaluation of Assault


  • No statutory definition - developed by judges (undemocratic)

  Misleading language - e.g. the word 'assault' sounds like it has to involve a physical attack

  Certain words have been given a broad meaning e.g. 'immediate'

  Same sentence as battery
• Proposal for Reform: Rename assault to 'threatened assault'
• Evaluation of Battery


  • No statutory definition - undemocratic

  Misleading language - battery sounds like someone has been 'battered' (injured)

  There is confusion relating to a battery that causes a small bruise

  Same sentence as assault
• 2015 Proposals for Reform: Rename battery to 'physical assault'
• Actual Bodily Harm (ABH)


  Any hurt or injury calculated to interfere with health or comfort
• Principle: ABH is not limited to physical injuries but can extend to other hurt and damage
• CPS Charging Guidelines for ABH

  • Bruising

  Loss or breaking of a tooth

  Temporary loss of consciousness

  Broken nose

  Minor fractures of bones

  Small cuts/scrapes/swelling
• Principle: D Must have mens rea for a common assault e.g. The mens rea for an assault or battery
• Problems with S.47 (ABH): The terminology used is old fashioned and needs updating

  Actual bodily harm' is not defined in the Act, instead it was defined by judges in Miller - unelected

  The term 'bodily harm' has been interpreted widely
• Proposal for Reform: Rename S.47 to 'Clause 3' - The new offence would be 'intentionally or recklessly caused injury to V'
• Principle: For the proposed reform, there will be no need to prove an assault or battery occurring first

  The mens rea will correspond with the actus reus (fairer) - to be guilty D must have intended injury or foreseen the risk of injury
• Grievous Bodily Harm (GBH)


  Serious harm
• Principle: Definition of a wound: There must be a break in the continuity of the skin', that is the whole skin (dermis and epidermis) and not merely a scratch to the outer layer of the skin

  Internal bleeding is not classified as a wound
• Principle: Definition of GBH: Grievous bodily harm means 'serious' harm
• CPS Charging Guidelines - GBH


  • Broken bones

  Any injury resulting in permanent disability

  Significant permanent disfigurement

  Injuries causing substantial loss of blood
• Principle: Serious psychiatric injury can amount to GBH
• Principle: Infecting someone with an STD such as HIV can amount to GBH
• Principle: For S.20 D must either intend or foresee the possibility of some harm
• Evaluation of S.20 GBH

  • The terminology used is old fashioned and needs updating

  Parliament have not defined GBH or wound

  Judges have broadened the definition of GBH

  The mens rea needed for S.20 is harsh/unfair for D
• Proposal for Reform: Rename S.20 to Clause 2 - 'Recklessly causing serious injury to V'

  Maximum sentence would be 7 years
• Wounding or causing grievous bodily harm with intent to do grievous bodily harm (or resist arrest) (S.18)


  Must have an intention to cause serious harm (intention to wound not enough)