Offences against the Person (OAPA (1861)) - Summary and Exam Approach

OFFENCES AGAINST THE
PERSON
(1) ASSAULT
“Committed when the accused intentionally or recklessly causes another to
apprehend immediate and unlawful personal violence” (Fagan v MPC)

 ACTUS REUS
‘Cause another to apprehend immediate and unlawful personal violence’

(A) APPREHENSION OF PERSONAL VIOLENCE

o Defendant must cause the victim to believe he can and will carry out the
threat of force (R v Lamb - no apprehension in this case as Victim did not believe
the gun would fire).

o If apprehended by the victim, it is irrelevant that the Defendant doesn’t
have the means to carry it out (Logdon v DPP – the gun was incapable of
firing).

o A threat to use force may be of any nature
 R v Wilson – words alone may be sufficient (obiter comment))
 (R v Ireland; Burstow – established that silence is sufficient, thereby
indirectly confirming that words alone will also be sufficient).

o Words may also negate the threat.

(B) MUST BE IMMEDIATE

o Immediate does not mean instantaneous (R v Costanza)

(C) MUST BE UNLAWFUL

o Unlawful means without lawful excuse (e.g. consent / necessity / self-
defence).

 MENS REA
‘Intention or recklessness as to causing the Victim to apprehend immediate and
unlawful personal violence’ (R v Venna).

(2) BATTERY

“The actual application of unlawful force to another person ” (Fagan v MPC)

 ACTUS REUS