Non Fatals

• Assault 


  Assault is charged under s.39 of the Criminal Justice Act 1988. basic intent crime. AR= cause v to apprehend the immediate infliction of unlawful physical force. Must be an Act done with words or silence Burstow/Ireland or an action Smith V Woking Police. V must apprehend physical force Lamb/Logden and anticipate it carried out immediately (imminent = smith). self defence = not assault.
• MR = intention or subjective recklessness as to cause v to apprehend immediate infliction of unlawful physical force. subj reck shown in Cunningham. D must realise risk of causing V to apprehend immediate unlawful physical force.
• Battery


  charged under s.39 of Criminal Justice Act 1988. Basic intent crime. AR= act or omission which applies unlawful physical force to another person. Force = slight touch CollinsVWillcock , touching clothes = sufficient enough Thomas. can be a continuing act Fagan V MPC, indirect = Hayward. Acting lawfully in self defence where consent is given doesnt fulfill the AR of battery. MR = intention or subjective recklessness as to unlawful application of physical force Cunningham. D must be aware of risk of unlawful application and do it anyway
• Assault/ Battery leading to ABH --> AR/THEORY


  D could be charged which assault occasioning actual bodily harm under s.47 of the offences against the person act 1861. Basic intent crime. AR = assault or battery that causes ABH. AR of Assault = causing V to apprehend immediate infliction of unlawful physical force. Must be imminent Smith and V must apprehend force will follow Lamb. AR of Battery = act or omission which applies unlawful physical force to another person slight touch Collins or touching clothes Thomas.
• Assault/ Battery leading to ABH --> AR/THEORY

  • Causation must be established --> Factual and legal. But for test White. Legal causation involves D being substantial and operative cause of injury Cheshire.
  • D = not the sole cause Cato but must be more than trivial or minimal cause. D not guilty if chain broken by intervening acts, 3rd party Jordan/ Pagett or Vs own Act William. Thin skull rule Blaue
• Assault / Battery leading to ABH --> AR/THEORY

  • injuries must amount to ABH as defined in Chan Fook injuries not so trivial to be 'wholly insignificant'. Miller=interferes with health and comfort of V. Psychiatric harm = ABH, momentary unconsciousness TvDPP, small cuts Savage, multiple bruises Roberts
• Assault / Battery leading to ABH --> MR

  • Assault MR = intention or subjective recklessness cause V to apprehend immediate infliction of unlawful physical force Cunningham. D must be aware of the risk but doesn't have to intend to be reckless Savage/Roberts
  • Battery MR = intention or subjective recklessness as to unlawful application of physical force Cunningham
• Section 20



  D could be charged with unlawfully and maliciously wounding or inflicting grievous bodily harm under s.20 of OAPA 1861. Basic intent crime. AR= direct/indirect act or omission causes wound or GBH. wound = break of 2 layers of skin Eisenhauer GBH=serious harm Saunders. Brown + Stratton show lesser injuries on elderly or children =serious. includes psychiatric harm Burstow, inflicting disease dicta. MR= intention or subjective recklessness as to some harm. Parameter where D didn't foresee risk of some harm to child throwing. subj reck shown in Cunningham.
• Section 18


  D charged with unlawfully maliciously wounding or causing GBH under s.18 OAPA1861. Specific intent crime. AR=direct/indirect act/omission causing wounding/ GBH. wound = break of 2 layers of skin Eisenhower. GBH=serious harm saunders. Brown+Stratton = less injuries more serious for vulnerable people. Psychiatric harm Burstow. Disease = Dicta. MR= intent to cause serious harm. Woolin = jury find intent if consequences = virtually certain result and D appreciates that