Chapter 7 - Non-fatal offences against the person

Unlawful Assault - s 42 Offences Against the Person Act 1861

An assault is committed where D intentionally or recklessly causes V to apprehend imminent unlawful personal violence.

Actus Reus

• Conduct: Any conduct, including words alone

• Result: V apprehends imminent unlawful personal violence

• No physical contact required

Key points:

• “Violence” includes any non-consensual touching, even minor

• Focus is on the effect on V, not the likelihood of violence

• Threats must be imminent (future threats alone are insufficient)

• Imminence is assessed using a subjective/objective approach

• Assault may be committed:

  • By words alone

  • Indirectly (e.g. threat via another person or animal)

  • By omission, where D is under a duty to act

Mens Rea

• Intention or recklessness as to causing V to apprehend imminent unlawful violence

• D must foresee the possibility of that apprehension

Key Case Facts

• Constanza: Repeated threatening letters caused V to apprehend violence “at some point not excluding the immediate future” → assault established

• Venna: Confirms intention or recklessness is sufficient mens rea

Distinguishing Features

• No touching

• Concerned with anticipation, not injury

• Lowest rung on the non-fatal offences ladder

Unlawful Battery - Statutory Provision: s 42 Offences Against the Person Act 1861

A battery is committed where D intentionally or recklessly applies unlawful personal violence to V.

Actus Reus

• Physical contact is required

• Contact can be very slight

• Includes touching clothing worn by V

• V need not be aware of the contact at the time

Battery can be committed:

• Directly (hitting, pushing)

• Indirectly (throwing objects, spitting, causing a third party to impact V)

• By omission, where D is under a duty to act

Mens Rea

• Intention or recklessness as to applying unlawful force

Key Case Facts

• Thomas: Touching clothing worn by V constitutes touching the person

• DPP v K: Acid placed in hand dryer → indirect battery

• Santana-Bermudez: Failure to warn police officer about needles → battery by omission

Distinguishing Features

• Requires physical contact

• Assault = apprehension only

• Battery = application of force

Assault Occasioning Actual Bodily Harm (ABH) - s 47 Offences Against the Person Act 1861

An assault or battery which occasioned actual bodily harm.

Actus Reus

1. A base offence of assault or battery

2. Harm amounting to actual bodily harm

3. A causal link between the assault/battery and the harm

Actual Bodily Harm:

• Any injury that is more than transient or trifling

• Can include psychiatric injury, but not mere emotions

Mens Rea

• Mens rea for the assault or battery only

• No requirement that D intended or foresaw ABH

Key Case Facts

• Constanza: Assault + psychiatric injury → ABH

• Confirms that harm need not be physical

Distinguishing Features

• First offence requiring actual injury

• Constructive liability: harm need not be foreseen

• More serious than battery; less serious than s 20

Malicious Wounding or Inflicting Grievous Bodily Harm - s 20 Offences Against the Person Act 1861

D unlawfully and maliciously wounds or inflicts grievous bodily harm on another.

Actus Reus

• Wound: Break in the continuity of the skin (inner and outer layers)
  OR

• Infliction of GBH: Really serious bodily harm

GBH can include:

• Serious physical injury

• Serious psychiatric injury

Mens Rea

• Maliciously = intention or recklessness as to some harm

• D need not intend or foresee serious harm

Key Case Principles (from chapter)

• Mens rea is lower than s 18

• Recklessness suffices

Distinguishing Features

• Injury must be really serious

• No intent to cause GBH required

• More serious than s 47; less serious than s 18

Wounding or Causing Grievous Bodily Harm with Intent - s 18 Offences Against the Person Act 1861

D unlawfully and maliciously wounds or causes grievous bodily harm, with intent to:

• Cause grievous bodily harm, or

• Resist or prevent lawful arrest

Actus Reus

• Wounding OR

• Causing GBH

“Causing” is broader than “inflicting” and includes indirect causation.

Mens Rea

• Specific intent to cause grievous bodily harm
  OR

• Intent to resist or prevent lawful apprehension

Recklessness is not sufficient.

Distinguishing Features

• Highest non-fatal offence

• Requires specific intent

• Maximum sentence: life imprisonment