Defined in the Offences Against The Person Act 1861.
Defined as assault or battery occasioning actual bodily harm.
Actus Reus - S47
‘Any hurt or injury that interferes with the health or comfort of the victim’ (Miller) (Smith), ‘psychiatric’ (Chan-Fook), momentary unconsciousness (DPP V T), cutting hair (DPP V Smith).
*Causation rules apply*
Mens Rea - S47
Mens rea for S47 is intention (Mohan), subjectively reckless as to assault or battery (Cunningham), does not have to intend injury (Savage)
Section 20
Defined in the Offences Against The Person Act 1861.
It is defined as the infliction of grievous bodily harm and or malicious wounding.
Actus Reus - S20
Act of inflicting GBH. Breaking two or more layers of skin (Eisenhower), the age and health of the victim must be considered (Bollom), knowingly transmitting a biological disease (Dica), severe depression/ psychiatric harm (Burstow)
*Causation rules apply*
Mens Rea - S20
Intention (Mohan), subjectively reckless to causing some harm (Cunningham), does not have to intend serious harm (Parmenter)
Section 18
Defined in the Offences Against The Person Act 1861.
It is defined as unlawful and malicious wounding or causing grievous bodily harm with intent.
Actus Reus - S18
Act of causing GBH. Breaking two or more layers of skin (Eisenhower), the age and health of the victim must be considered (Bollom), knowingly transmitting a biological disease (Dica), severe depression/ psychiatric harm (Burtstow)
*Causation rules apply*
Mens Rea - S18
Must be with intent to cause serious harm (Mohan), oblique intention (Woollin)
