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Non-fatal offence definition
It means someone is injured but doesn’t die. There’s 4 types: assault, battery, ABH, GBH.
Exam tip- “common assault” means assault and battery. “Common law” means a judge-made law.
Assault definition
Collins v Wilcock- “an act that causes the V to apprehend immediate, unlawful force”.
The first stage of actus reus of assault?
An act. Can be words, gestures, or (shown by Ireland), silence. SR- Constanta- sending letters/emails/text messages can be an act.
The second stage of actus reus of assault?
The act must cause the V to apprehend force. Lamb- no apprehension, no assault. SR- Logden- even if the threat was a joke, it counts as assault if the V was sufficiently frightened.
The third stage of actus reus of assault?
The threat of force must be immediate. Smith v working police- as long as the V could be harmed in the near future, it is immediate. SR- Tuberville v Savage- words may negate an assault if it is clear there is no real threat.
The mens rea of assault
Intention (Mohan) or subjective recklessness (Cunningham) to cause the V to apprehend immediate unlawful force (Venna).
Specific intent
Intention only.
Basic intent
Intent or recklessness.
Battery definition
Collins v Wilcock- Lord Goff- “D unlawfully touches the V”.
The first stage of actus reus of battery?
Touching. Lord Goff in Collins v Wilcock- any touching, however slight, may amount to a battery. Not all touching is illegal, though. SR- Thomas- touching a persons clothing whilst they are wearing them is like touching the person. It can be a battery.
Martin- a battery can be committed indirectly. (e.g. booby traps).
The second stage of actus reus of battery?
The touching must be unlawful. Wilson v Pringle- “unlawful” means “hostile or aggressive”.
The mens rea of battery
Intention (Mohan) or subjective recklessness (Cunningham) to inflict unlawful force on the V (Venna).
Actual bodily harm (ABH) definition
Section 47b Offences Against The Persons Act (OATPA) 1861 - “common assault occasioning ABH”.
The first stage of actus reus of ABH?
D must commit a “common assault” - must commit either an assault or a battery.
The second stage of actus reus of ABH?
Occasioning (causing the injuries). Exam tip- any intervening acts can be applied here.
The third stage of actus reus of ABH?
Actual bodily harm injuries. Miller- “any hurt or injury calculated to interfere with the health or comfort of the V, but it has to be more than trifling”.
Chain Fook- “the injury should not be so trivial as to be wholly insignificant”.
Examples of ABH injuries
Multiple bruising (minor = battery). Loss of a single tooth. Temporary loss of sensory functioning. Broken bones (nose, toes, fingers, hair line fractures). Minor cuts requiring treatment. Psychiatric injury- Chan Fook- has to be more than normal human emotion. Cutting off V’s hair- Smith. Loss of consciousness- T v DPP.
Mens rea of ABH
Only the mens rea of assault or battery is needed- Savage.
Definition of grievious bodily harm (GBH)?
OATPA- S.20- Where D wounds or inflicts any GBH upon the V with the intention or recklessness to cause some harm (Mowatt).
S.18- D wounds or causes GBH with intent, or with intent to resist arrest but GBH injuries are caused (Morrison).
The actus reus of GBH?
1)Wound- Eisenhower- wounding requires a cut, a break in both layers of the skin.
OR
2) inflicted GBH injuries. Smith- “nothing more or nothing less than really serious harm”.
SR- Bollom- vulnerable victim- you can take factors such as age and health into account r when assessing severity of injuries.
Brown/Stratton- an accumulation of less serious injuries can amount to GBH.
Examples of GBH
Serious cuts/wounds. Broken bones & serious fractures. Injuries requiring lengthy treatment. Substantial blood loss. Permanent loss of sensory function. Serious psychological injuries (Ireland/Burstow). Biological harm (Dica).
Mens Rea of GBH
The same definition of S.20 (Mowatt) and S.18 (Morrison). It is different for different sections, but the actus reus stays the same.
