Offence Definition Actus Reus Mens Rea
Assault “Intentionally or recklessly causing the “Causing the victim to apprehend immediate unlawful violence”. “Intentionally or reckle
victim to apprehend immediate unlawful
violence”. R v Logdon – When judging apprehension, we place emphasis on what the victim R v Savage
thought was going to happen.
Fagan Ireland: Burstow – Words, acts or even silence can form an assault.
Smith v Working Police Station – Immediate does not mean instantaneous.
Tuberville v Savage – Words can negate an assault.
Battery “Intentionally or recklessly applying unlawful “Applying unlawful violence on another”. “Intentionally or reckle
violence on another”.
Collin v Wilcock – Battery can be the smallest of touches. There is also an implied Venna
Ireland: Burstow consent of the daily jostling of life.
DPP v K – Commit a battery indirectly.
R v Thomas – Even touching someone’s clothing is battery.
Section 47 “Assault or battery occasioning actual body R v Miller – Where any hurt or injury calculated to interfere with the health or comfort No additional mens rea
harm”. of the victim but must be more transient or trifling.
R v Savage
Offences Against the Persons Act Chan Fook – Psychiatric harm can be actual bodily harm. R v Palmenter
T v DPP – Even a momentary loss of consciousness can be actual bodily harm.
Section 20 “Maliciously causing a wounding or causing JCC v Eisenhower - Wounding: A cut or break in the continuality of the whole skin. Intentional or reckless t
grievous bodily harm”. some harm.
DPP v Smith – GBH: Really serious harm.
Offences Against the Persons Act R v Brown and Stratton – Multiple small actual bodily harms can be grievous bodily Mowatt
harm.
Section 18 “Causing a wounding or causing grievous R v Dica – Biological grievous bodily harm. Intent to cause grievou
bodily harm with intent of grievous bodily bodily harm.
harm”. Ireland: Burstow – Serious psychological harm.
Offences Against the Persons Act
Assault “Intentionally or recklessly causing the “Causing the victim to apprehend immediate unlawful violence”. “Intentionally or reckle
victim to apprehend immediate unlawful
violence”. R v Logdon – When judging apprehension, we place emphasis on what the victim R v Savage
thought was going to happen.
Fagan Ireland: Burstow – Words, acts or even silence can form an assault.
Smith v Working Police Station – Immediate does not mean instantaneous.
Tuberville v Savage – Words can negate an assault.
Battery “Intentionally or recklessly applying unlawful “Applying unlawful violence on another”. “Intentionally or reckle
violence on another”.
Collin v Wilcock – Battery can be the smallest of touches. There is also an implied Venna
Ireland: Burstow consent of the daily jostling of life.
DPP v K – Commit a battery indirectly.
R v Thomas – Even touching someone’s clothing is battery.
Section 47 “Assault or battery occasioning actual body R v Miller – Where any hurt or injury calculated to interfere with the health or comfort No additional mens rea
harm”. of the victim but must be more transient or trifling.
R v Savage
Offences Against the Persons Act Chan Fook – Psychiatric harm can be actual bodily harm. R v Palmenter
T v DPP – Even a momentary loss of consciousness can be actual bodily harm.
Section 20 “Maliciously causing a wounding or causing JCC v Eisenhower - Wounding: A cut or break in the continuality of the whole skin. Intentional or reckless t
grievous bodily harm”. some harm.
DPP v Smith – GBH: Really serious harm.
Offences Against the Persons Act R v Brown and Stratton – Multiple small actual bodily harms can be grievous bodily Mowatt
harm.
Section 18 “Causing a wounding or causing grievous R v Dica – Biological grievous bodily harm. Intent to cause grievou
bodily harm with intent of grievous bodily bodily harm.
harm”. Ireland: Burstow – Serious psychological harm.
Offences Against the Persons Act
