non-fatal offences - notes

Common assault

Common law, summary offence

Charged & sentenced under s39 Criminal Justice Act 1988

6 months max sentence / fine

Actus Reus

  • Must be an act which causes the victim to apprehend the infliction of immediate unlawful force

~ Smith v CC Woking Police Station - only needs to have caused fear, no physical force needed

~ R v Constanza - letters containing threats constitute assault

~ R v Ireland - silent phone calls constitute assault

Mens Rea

  • The intention to cause someone to fear the immediate infliction of unlawful force or reckless as to whether that fear is caused

~ R v Lamb - pointing an unloaded gun at someone who knows it’s unloaded cannot be assault ‘apprehend’ has been interpreted to mean ‘fear’

Common battery

Common law, summary offence

Charged under s39 Criminal Justice Act 1988

Actus Reus

  • The application of unlawful force

~ Collins v Wilcock - officer gently put hand on arm, since it wasnt it the process of arrest its considered battery

~ R v Thomas - touched the bottom of a woman’s skirt - ‘equivalent to touching’

~ Omission - DPP v Santana-Bermudez - failed to tell an officer he had a needle in his pocket when asked - caused harm through omission

Mens Rea

  • An intention to apply unlawful physical force

  • recklessness as to whether that force was applied;

Subjective test - the defendant must realise theres a risk his act/omission could cause unlawful force to be applied to another

Assault occasioning ABH

Statutory, triable either way offence

Charged & sentenced under s47 Offences Against the Person Act 1861

Max 5 year sentence

Actus Reus

  • An assault or battery which causes ABH

(‘actual’ means there must be more than trivial hurt or injury e.g. bruising, grazes)

~ T v DPP - a very brief loss of consciousness is considered bodily harm

~ DPP v Smith - cutting of a significant portion of hair without consent is considered bodily harm

~ R v Chan Fook - the word ‘harm’ implies an injury, doesn’t include emotions like fear or distress

~ R v Miller - ABH includes a ‘hysterical & nervous condition’

Mens Rea

  • The intent to apply unlawful force

~ R v Roberts - feared D was going to assault her & jumped out the car - already applied unlawful force when he assaulted her

~ R v Savage - meant to throw a beer in V face but threw the whole glass - had the intent to apply unlawful force

Malicious wounding or inflicting GBH

Statutory, triable either way offence

Charged & sentenced under s20 Offences Against the Person Act 1861

Max 5 year sentence

Actus Reus

  • A direct act or omission which causes wounding (must break the skin) or the infliction of GBH

~ C v Elsenhower - internal bleeding of the eye is not sufficient, must break skin ~ ~ R v Wood - broken bone is not sufficient, must break skin

~ R v Burstow - serious psychiatric injury can be GBH

~ R v Dica - inflicting someone with HIV is GBH

Mens Rea

  • Prosecution must prove either that D:

  1. intended to cause another some harm

  2. he was subjectively reckless as to whether another person suffered some harm

not necessary to prove they had intent to cause serious harm/foresee the level of harm

~ R v Parmenter - D threw his baby into the air and caught him but didn’t realise there was a risk of injury - no evidence he foresaw any injury

Malicious wounding or causing GBH with intent

Statutory, Indictable offence

Charged & sentenced under s18 Offences Against the Person Act 1861

Max life sentence

Actus Reus

  • A direct act or omission which causes wounding (must break the skin) or the infliction of GBH

Necessary to prove D’s act was a substantial cause of the wound/GBH (de minimus rule)

Mens Rea

  • Intent to do GBH directly/obliquely or prevent/resist the lawful apprehension of any person

(recklessness is not enough)

~ R v Woolin - intent if D foresaw death or serious harm as a virtual certainty of their actions

~ R v Morrison - if injury is caused while resisting arrest then recklessness is enough