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 to 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 rea

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)

What is s20 GBH

Unlawfully and maliciously inflicting GBH at wound the victim

a triable either way offence, with a maximum sentence of 5 years, under s47 Offences against the person act

s20 - unlawful

The harm must be unlawful, meaning it’s not capable of being consented to (R v Brown)

s20 - inflict

This means to cause (R v Burnston)

Causation is relevant

s20 - GBH

From DPP v Smith it means “really serious harm”, and from R v Saunders it means “serious harm”

Personal characteristics of the victim are considered: eg, the breaking of a pianist’s fingers is more severe to them (R v Bollam)

Psychiatric injuries can be GBH (R v Burnstow)

s20 - wound

This means to break both layers of the skin (the dermis and epidermis) (Moriarity v Brooks)

Without a break of both layers of the skin there is no wounding (R v Eisenhower)

s20 - men’s rea

D must intend to do some harm, but not serious harm, or be reckless as to whether some harm is done (they must appreciate the risk of some harm) (R v Parmenter)

s20 CPS charging standards

Injury resulting in permanent disability, disfigured/displaced limbs or bones

Injuries causing substantial loss of blood

Psychiatric injury

What is s18 GBH

Malicious wounding or inflicting GBH with intent to cause GBH

An indictable offence with a maximum sentence of life imprisonment, under s18 Offences against the person act

s20 GBH - actus reus

This is the same as s20 GBH

‘Cause’ is given it’s ordinary meaning (factual and legal cause of the injury)

s20 GBH - mens rea

D must intend to do GBH - it cannot be the intent to wound (R v Taylor)

Or D must intend to resist arrest (if this is the case then the injury is caused recklessly) (R v Morrison)