Criminal Law - Tutorial 3
Summary of Reading:
1. Assault & Battery
● Assault = causing V to apprehend imminent unlawful violence (Ireland; Constanza).
● Battery = actual application of unlawful force (Collins v Wilcock).
● Battery can be indirect (DPP v K; Wilson).
● Mens rea = intention or Cunningham recklessness (Savage; Parmenter).
● Hostility not required (Brown; Day; Smith).
● Assault = making someone fear being hit.
● Battery = actually hitting or touching them unlawfully.
2. Actual Bodily Harm – s.47 OAPA 1861
● Occurs when a person commits an assault that causes “Actual bodily harm” = any injury more
than “transient or trifling” (Donovan).
● Includes psychiatric injury (Chan-Fook; Burstow).
● Mens rea = same as assault/battery only; no need for MR as to the ABH (Savage).
● Constructive liability.
● The offence can be prosecuted in either the Magistrates' Court or the Crown Court, with a
maximum sentence of five years' imprisonment in the Crown Court.
● Section 47 is when someone commits an assault or battery that causes ABH — meaning
any injury that’s more than minor, like bruises, cuts, or psychiatric harm — and they
intended or were reckless about the assault or battery.
3. GBH / Wounding – s.20 OAPA 1861
● Wound = break in both layers of skin (Eisenhower).
● GBH = “really serious harm” a serious criminal offense in UK law involving causing "really
serious harm" to another person, which can include serious physical injuries like broken
bones or psychological harm (Metheram).
● Includes psychiatric harm (Burstow) and disease transmission (Dica; Konzani).
● “Inflict” does not require assault or force after Burstow.
● MR = maliciousness: intention of recklessness of some bodily harm. (case: Mowatt)
● Section 20 is when someone unlawfully causes really serious harm (GBH) or causes a
wound that breaks both layers of the skin, and they did it intentionally or recklessly as
to causing some harm.
4. GBH with Intent – s.18 OAPA
● Section 18 is when someone unlawfully causes really serious harm (GBH) or a wound,
and they intended to cause serious harm. It’s the most serious non-fatal offence and
requires proof of actual intent, not just recklessness.
Summary of Reading:
1. Assault & Battery
● Assault = causing V to apprehend imminent unlawful violence (Ireland; Constanza).
● Battery = actual application of unlawful force (Collins v Wilcock).
● Battery can be indirect (DPP v K; Wilson).
● Mens rea = intention or Cunningham recklessness (Savage; Parmenter).
● Hostility not required (Brown; Day; Smith).
● Assault = making someone fear being hit.
● Battery = actually hitting or touching them unlawfully.
2. Actual Bodily Harm – s.47 OAPA 1861
● Occurs when a person commits an assault that causes “Actual bodily harm” = any injury more
than “transient or trifling” (Donovan).
● Includes psychiatric injury (Chan-Fook; Burstow).
● Mens rea = same as assault/battery only; no need for MR as to the ABH (Savage).
● Constructive liability.
● The offence can be prosecuted in either the Magistrates' Court or the Crown Court, with a
maximum sentence of five years' imprisonment in the Crown Court.
● Section 47 is when someone commits an assault or battery that causes ABH — meaning
any injury that’s more than minor, like bruises, cuts, or psychiatric harm — and they
intended or were reckless about the assault or battery.
3. GBH / Wounding – s.20 OAPA 1861
● Wound = break in both layers of skin (Eisenhower).
● GBH = “really serious harm” a serious criminal offense in UK law involving causing "really
serious harm" to another person, which can include serious physical injuries like broken
bones or psychological harm (Metheram).
● Includes psychiatric harm (Burstow) and disease transmission (Dica; Konzani).
● “Inflict” does not require assault or force after Burstow.
● MR = maliciousness: intention of recklessness of some bodily harm. (case: Mowatt)
● Section 20 is when someone unlawfully causes really serious harm (GBH) or causes a
wound that breaks both layers of the skin, and they did it intentionally or recklessly as
to causing some harm.
4. GBH with Intent – s.18 OAPA
● Section 18 is when someone unlawfully causes really serious harm (GBH) or a wound,
and they intended to cause serious harm. It’s the most serious non-fatal offence and
requires proof of actual intent, not just recklessness.
