Non fatal offences
Assault
- Under the Criminal Justice Act 1988, it carries a maximum, of 6 months imprisonment and/or £5000 fine. the Section 39 of the Criminal Justice Act 1988, it carries a maximum, of 6 months imprisonment and/or £5000 fine.
- Defined as " the act which a defendant intentionally or recklessly cause the victim to fear immediate unlawful personal violence".
Actus reus
The Actus reus of assault is to "cause the victim to fear of immediate unlawful personal violence".R v Lamb states that "a person has to fear immediate infliction of violence or there won't be any assault". Any actions seen by a person as a threat can be a assault;
- Smith v Woking Police Station presents that looking or staring can constitute assault.
- Logdon v DPP states that gestures and displays can bring about action as the court held the defendant guilty of assault by showing his gun to the victim.
-R v Ireland shows that words or even silent telephone calls can constitute assault as the court held the "defendant intends by his silence to cause fear and he is so understood".
- R v Constanza shows that letters alone cause assault as the court interpreted letters from a stalker as clear threats and there was a "fear of violence at some time not excluding the immediate future".
- Tuberville v Savage dictates that words can also annul assault.
Mens rea
The Mens rea of Assault is intention or subjective recklessness (R v Cunningham) as to causing the victim to fear immediate unlawful personal violence like in R v Venna.
Battery
- Under the Criminal Justice Act 1988, it carries a maximum, of 6 months imprisonment and/or £5000 fine. the Section 39 of the Criminal Justice Act 1988, it carries a maximum, of 6 months imprisonment and/or £5000 fine.
- Defined as "any act by which the defendant intentionally or recklessly inflicts unlawful personal force".
Actus reus
Actus reus of Battery is basically the "infliction of unlawful personal force". Wilson v Pringle states that a battery (touching) must be hostile and this is confirmed in Brown and others where hostility is described "a necessary ingredient" in battery.
- Collins v Wilcocks held that "any touching of another person, however slight may amount to a battery" providing it is hostile.
- R v Thomas held that touching a person's clothing is like touching the person itself, there is no need for direct contact and can constitute a battery as long as it is hostile.
- Fagan v MPC and DPP v K also states that battery can be inflicted indirectly and through a medium.
- Haystead v CCD also states that battery can be inflicted indirectly and transferred to another person (Transferred malice).
Mens rea
The Mens rea of Battery is intention or subjective recklessness (R v Cunningham) as to causing the victim to fear immediate unlawful personal violence like in R v Venna and R v Savage.
Assault or Battery occasioning to Actual Bodily Harm (S.47) also known as ABH
- Under the Section 47 of the Offended Against the Person Act 1861, it is a triable either easy offence and carries a maximum of 5 years imprisonment.
- Defined as "any assault (Assault or Battery) occasioning to actual bodily harm".
Actus reus
The Actus reus is basically to an assault or battery that causes actual bodily harm;
- R v Miller states that ABH could be "any hurt or injury calculated to interfere with the health or comfort of the victim providing it is not merely transient or trifling".
- R v Chan Fook states that "the injury (ABH) should not be so trivial as to be wholly insignificant" and can include psychiatric injury providing it "does not include mere emotions such as fear or distress or panic" and must be "some indentifiable clinical condition". This was confirmed in R v Morris.
_ R v Smith states that "harm is not limited to injury to the skin, flesh and bones" as the court decided that cutting of a person's hair can amount to ABH.
Mens rea
The Mens rea is the same for Assault or Battery (intention or recklessness as to cause Assault or Battery);
- R v Savage states that a person may be convicted of ABH through Assault so long as "there is a proof of an Assault together with the proof of the fact that actual bodily harm was occasioned by the assault".
- R v Roberts states that the Mens rea of battery is sufficient for S.47 and there is no need for any extra Mens rea for ABH.
Malicious wounding or inflicting grievous bodily harm (GBH) S.20
- Under the Section 20 of The Offences Against the Persons Act 1861, this crime carries a maximum of 5 years imprisonment.
- Defined as "unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person either with a or without a weapon".
Actus reus
The Actus reus of this crime is to inflict GBH or wounding. Wounding is defined as "breaking the inner and outer layers of the skin and causing some blood loss" as defined in C (a minor) v Eisenhower. GBH is defined as "really serious harm" in DPP v Smith or simply "serious harm" as in R v Saunders. As a guidance, typical GBH often requires immediate medical treatment and usually leads to permanent or long term injury or disability.
- R v Dica dictates that GBH can be inflicted biologically.
- R v Brown and Stratton states that multiple injuries can constitute GBH.
Mens rea
The Mens rea for S.20 is intention or recklessness (R v Cunningham) as to causing "some harm" to a person, albeit of a minor character as in R v Mowatt and R v Grimshaw.
Wounding or GBH S.18
- Under the Section 18 of The Offences Against the Persons Act 1861, this crime carries a maximum of life imprisonment.
- Defined as "unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person either with a or without a weapon".
Actus reus
The Actus reus for S.18 is the same as S.20. This is confirmed in R v Burnstow.
Mens rea
The difference between S.18 and S.20 is the Mens rea for each offence. For S.18, it is intention to cause wounding or GBH or "resist a lawful arrest". The intention can either be Direct or Indirect (Oblique) intention. For indirect intention, it must be prove the the defendant foresaw serious injury as virtually certain consequences of his/her actions.
Factors that can distinguished S.18 from S.20
- Use of weapon.
- Victim suffer multiple serious injuries.
- Defendant resist arrest and cause a police officer to suffer serious injury.
Note that if the prosecution fails to prove specific intention, the offence will be reduces to S.20 so long as recklessness as to causing some harm is proved.
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