Non-fatal offences

assault and battery

these are common law offences charged under s39 Criminal Justice Act 1998. they are summary offences and have a maximum sentence of 6 months.

what is assault

any act where the defendant causes the victim to apprehend the immediate application of unlawful force intentionally or recklessly

assault - act

has to be a positive act, not an omission. in R v Ireland, silent telephone calls was held to be an act

assault - apprehend

apprehension means you realistically think the unlawful force may be applied, even if it can’t be (R v London). it doesn't mean fear, as shown in R v Lamb.

words negating assault

these are words indicating there will be no violence. in Tuberville v Savage it was shown there would be no violence. However in R v Light, the threat was more severe so the words didn’t negate the assault.

assault - immediate application

this means some time ‘not excluding the immediate future’ (R v Constanza). immediacy is judged from the perspective of the victim (Smith v Woking Police Station)

assault - unlawful force

there must be no legally justifiable reason for the force

assault - mens red

they must have direct or indirect intent to cause another to fear immediate unlawful violence or be reckless as to whether this would be the case

what is battery

an unlawful application of force either intentionally or recklessly (Collins v Wilcock)

battery - unlawful

the force won’t be unlawful if it explicitly or implicitly consented to as part of everyday life. Lord Geoff gave some examples of implied lawful force: jostling in crowded, handshakes, back slapping (in a non-aggressive way), and tapping to to gain peoples attention

battery - direct force

where D directly touches V. any touching can be a battery (R v Thomas)

battery - indirect battery

where D does something to cause the unlawful force (DPP v K)

battery - omission

an omission can be sufficient for battery (DPP v Santa-Bermudez)

CPS charging standards for battery

grazing, scratches, swellings, minor bruises

battery - mens rea

D must have intended to apply unlawful force or have been reckless as to whether unlawful force was applied

what is actual bodily harm

assault occasioning actual bodily harm

set out under s47 Offences against the person act 1861

it is a triable either way offence, with a maximum sentence of 5 years

ABH - assault or battery

can be assault (R v Roberts) or battery (DPP v Smith). it requires proof of the actus reus of either assault or battery

ABH - occasioning

the assault or battery must be the cause of the ABH (R v Chanfook). factual causation must be established (‘but for’ test, R v White). legal causation must also be established (substantive and operative cause, R v Smith). the injury should satisfy the deminimus rule (R v Kimsey)

ABH - Actual bodily harm

‘any harm or injury calculated to interfere with the health or comfort of the victim’ (R v Miller). it cannot be ‘so trivial as to be insignificant’ (R v Chanfook).The courts have accepted ABH as cutting of hair (DPP v Smith) and the loss of consciousness (T v DPP)

CPS charging standards for ABH

loss of consciousness, extensive bruising, broken nose, minor fractures, minor cuts

ABH - mens rea

MR for assault or battery will transfer to satisfy the MR for ABH (R v Roberts)