Non-fatal Offences AO1
Actus reus / Mens rea
D = Defendant / V = Victim
Assault
Assault is a summary offence under section 39 of the Criminal Justice Act 1988 with a
maximum punishment of 6 months imprisonment or a fine and will be heard in a magistrates
court. The actus reus of assault is an act which causes the victim to apprehend immediate,
unlawful danger. The difference between assault and battery (which are classed under
‘common assault’ CJA 1988 as they are often committed together) is that assault is a threat
of unlawful violence/force and battery is the application of unlawful violence/force. No
physical contact is needed to constitute assault, for example, a stare, raising a fist or chasing
someone is enough. R v Burstow and R v Ireland confirm silence can equate to assault e.g.
silent phone calls. There is no assault if it is obvious to V that D cannot or will not carry out
the act. This can be expressed through D saying they will not do so (Tuberville v Savage).
The danger must be immediate (Smith v Woking Police Station) meaning V must fear
violence in that moment, not in the future.
The mens rea of assault is intention - direct (R v Mohan) or oblique (R v Woollin) - or
recklessness (R v Cunningham) to cause the victim to apprehend immediate, unlawful
danger. This means the D must, either have an aim, want and desire to cause V to fear
immediate danger or do so through recklessness.
Battery
Battery is a summary offence under section 39 of the Criminal Justice Act 1988 with a
maximum punishment of 6 months imprisonment or a fine and will be heard in a magistrates
court. The actus reus of battery is the application of unlawful force onto another. The
difference between assault and battery (which are classed under ‘common assault’ CJA
1988 as they are often committed together) is that assault is a threat of unlawful
violence/force and battery is the application of unlawful violence/force. Battery can be
committed directly through spitting on, punching or grabbing someone or indirectly, such as
through the use of a vehicle (Fagan v Met Police) such as running over someone's foot. The
application need not be on V’s physical body. R v Thomas confirms a battery can be
committed through touching V’s clothing. The mens rea for battery is intention - direct (R v
Mohan) or oblique (R v Woollin) - or recklessness (R v Cunningham) as to application of
unlawful force on V. This means the D must, either have an aim, want and desire to apply
unlawful force or do so through recklessness.
Actual Bodily Harm
ABH is a triable either way offence under section 47 of the Offences Against the Person Act
1861 (OAPA 1861) with a maximum prison sentence of 5 years and can be heard in either a
magistrates or crown court. The actus reus of ABH is the AR of assault/battery - ‘an act
which causes v to apprehend immediate, unlawful force’ / ‘application of unlawful force’ -
which causes actual bodily harm. R v Miller states that ABH can include injury that interferes
with health or comfort of the V. R v Chan-Fook states that the injury should not be so trivial
Actus reus / Mens rea
D = Defendant / V = Victim
Assault
Assault is a summary offence under section 39 of the Criminal Justice Act 1988 with a
maximum punishment of 6 months imprisonment or a fine and will be heard in a magistrates
court. The actus reus of assault is an act which causes the victim to apprehend immediate,
unlawful danger. The difference between assault and battery (which are classed under
‘common assault’ CJA 1988 as they are often committed together) is that assault is a threat
of unlawful violence/force and battery is the application of unlawful violence/force. No
physical contact is needed to constitute assault, for example, a stare, raising a fist or chasing
someone is enough. R v Burstow and R v Ireland confirm silence can equate to assault e.g.
silent phone calls. There is no assault if it is obvious to V that D cannot or will not carry out
the act. This can be expressed through D saying they will not do so (Tuberville v Savage).
The danger must be immediate (Smith v Woking Police Station) meaning V must fear
violence in that moment, not in the future.
The mens rea of assault is intention - direct (R v Mohan) or oblique (R v Woollin) - or
recklessness (R v Cunningham) to cause the victim to apprehend immediate, unlawful
danger. This means the D must, either have an aim, want and desire to cause V to fear
immediate danger or do so through recklessness.
Battery
Battery is a summary offence under section 39 of the Criminal Justice Act 1988 with a
maximum punishment of 6 months imprisonment or a fine and will be heard in a magistrates
court. The actus reus of battery is the application of unlawful force onto another. The
difference between assault and battery (which are classed under ‘common assault’ CJA
1988 as they are often committed together) is that assault is a threat of unlawful
violence/force and battery is the application of unlawful violence/force. Battery can be
committed directly through spitting on, punching or grabbing someone or indirectly, such as
through the use of a vehicle (Fagan v Met Police) such as running over someone's foot. The
application need not be on V’s physical body. R v Thomas confirms a battery can be
committed through touching V’s clothing. The mens rea for battery is intention - direct (R v
Mohan) or oblique (R v Woollin) - or recklessness (R v Cunningham) as to application of
unlawful force on V. This means the D must, either have an aim, want and desire to apply
unlawful force or do so through recklessness.
Actual Bodily Harm
ABH is a triable either way offence under section 47 of the Offences Against the Person Act
1861 (OAPA 1861) with a maximum prison sentence of 5 years and can be heard in either a
magistrates or crown court. The actus reus of ABH is the AR of assault/battery - ‘an act
which causes v to apprehend immediate, unlawful force’ / ‘application of unlawful force’ -
which causes actual bodily harm. R v Miller states that ABH can include injury that interferes
with health or comfort of the V. R v Chan-Fook states that the injury should not be so trivial
