Non-fatal offences against the person
Week 11 – Seminar 9
1) Wounding or causing GHB with intent
2) Maliciously wounding or inflicting GBH
3) Assault occasioning actual bodily harm (ABH)
4) Assault
5) Battery
And reforms.
NON-FATAL OFFENCES REVISION NOTES
Non-Fatal Offences Against the Person
Assault/Battery
1) Assault
s.39 Criminal Justice Act 1988
Definition: An assault is any act by which the accused intentionally or recklessly causes another
person to apprehend immediate unlawful force. R v Nelson
Actus Reus: Any act which causes another person to apprehend immediate and unlawful force.
- R v Constanza: Words can constitute an assault
- Tuberville v Savage: A conditional, threatening statement, without an imminent threat of
harm, is NOT assault. But CAN be assault if intent is present Read v Coker.
- Smith v Chief Constable of Woking: If the victim fears force, there is assault.
Immediacy: Generally understood to mean that the victim must perceive the threat as one
which can be carried out "there and then”. The courts have on occasion however, given a
somewhat liberal interpretation to the concept of immediacy in assault. (Woking case
compared to R v Arobieke where there was no assault).
Mens Rea: Intention or recklessness
Maximum Sentence: 6 Months imprisonment
2) Battery
s.39 Criminal Justice Act 1988
Definition: Infliction of unlawful force on another person who hasn’t consented to it.
, Actus Reus: Use of force
- Collins v Wilcock: (good case) This involves the slightest touching. ITC: Touching of a
policewoman’s clothes when it was inappropriate to do so, was battery.
- Fagan v MPC: Omission is not battery, this was changed in DPP v Santa-Bermudez with the
creation of a dangerous situation.
- Haystead v DPP: Indirect force can be assault OR battery or even ABH DPP v K (Hairdryer
case)
Mens Rea: Intention or recklessness
Recklessness discussed in R v Venna:
If he lashes out with his feet, knowing that there are officers aroud him and knowing that by lashing
out he will probably or is likely to kick somebody or hurt his hand by banging his heel down on it,
then he is equally guilty of the offence”. Simple reckless element is enough, Cunningham subjective
recklessness applies ( R v Spratt )
Maximum Sentence: 6 Months imprisonment
Battery is generally divided into two categories: simple battery and aggravated battery. Simple
battery is usually a misdemeanor.
Aggravated battery, which is defined as:
1. battery committed with the intent to kill,
2. battery that causes serious harm to the victim, or
3. battery committed with a deadly weapon, is a felony.
3) Assault Occasioning actual bodily harm (ABH)
s.47 Offences Against the Person Act 1861
lOMoARcPSD|5974198
It is the level of injury that is important when considering a charge of assault occasioning ABH.
Actus Reus: Assault (Assault/Battery) occasioning (Causation) R v Roberts – The assault led to the
harm which caused the ABH - Actual Bodily Harm – Defined as ‘any hurt or injury calculated to
interfere with the health, or comfort, of the victim. Need not be permanent must be more than
merely transient or trifling R v Donovan
- R v Chan-Fook: ‘Actual’ indicates the injury should not be so trivial as to be wholly
insignificant.
- T v DPP: Can include temporary loss of consciousness
- DPP v Smith: Can include hair by cutting it
- R v Golding: Includes psychiatric injury, but NOT fear or mere fright.
Week 11 – Seminar 9
1) Wounding or causing GHB with intent
2) Maliciously wounding or inflicting GBH
3) Assault occasioning actual bodily harm (ABH)
4) Assault
5) Battery
And reforms.
NON-FATAL OFFENCES REVISION NOTES
Non-Fatal Offences Against the Person
Assault/Battery
1) Assault
s.39 Criminal Justice Act 1988
Definition: An assault is any act by which the accused intentionally or recklessly causes another
person to apprehend immediate unlawful force. R v Nelson
Actus Reus: Any act which causes another person to apprehend immediate and unlawful force.
- R v Constanza: Words can constitute an assault
- Tuberville v Savage: A conditional, threatening statement, without an imminent threat of
harm, is NOT assault. But CAN be assault if intent is present Read v Coker.
- Smith v Chief Constable of Woking: If the victim fears force, there is assault.
Immediacy: Generally understood to mean that the victim must perceive the threat as one
which can be carried out "there and then”. The courts have on occasion however, given a
somewhat liberal interpretation to the concept of immediacy in assault. (Woking case
compared to R v Arobieke where there was no assault).
Mens Rea: Intention or recklessness
Maximum Sentence: 6 Months imprisonment
2) Battery
s.39 Criminal Justice Act 1988
Definition: Infliction of unlawful force on another person who hasn’t consented to it.
, Actus Reus: Use of force
- Collins v Wilcock: (good case) This involves the slightest touching. ITC: Touching of a
policewoman’s clothes when it was inappropriate to do so, was battery.
- Fagan v MPC: Omission is not battery, this was changed in DPP v Santa-Bermudez with the
creation of a dangerous situation.
- Haystead v DPP: Indirect force can be assault OR battery or even ABH DPP v K (Hairdryer
case)
Mens Rea: Intention or recklessness
Recklessness discussed in R v Venna:
If he lashes out with his feet, knowing that there are officers aroud him and knowing that by lashing
out he will probably or is likely to kick somebody or hurt his hand by banging his heel down on it,
then he is equally guilty of the offence”. Simple reckless element is enough, Cunningham subjective
recklessness applies ( R v Spratt )
Maximum Sentence: 6 Months imprisonment
Battery is generally divided into two categories: simple battery and aggravated battery. Simple
battery is usually a misdemeanor.
Aggravated battery, which is defined as:
1. battery committed with the intent to kill,
2. battery that causes serious harm to the victim, or
3. battery committed with a deadly weapon, is a felony.
3) Assault Occasioning actual bodily harm (ABH)
s.47 Offences Against the Person Act 1861
lOMoARcPSD|5974198
It is the level of injury that is important when considering a charge of assault occasioning ABH.
Actus Reus: Assault (Assault/Battery) occasioning (Causation) R v Roberts – The assault led to the
harm which caused the ABH - Actual Bodily Harm – Defined as ‘any hurt or injury calculated to
interfere with the health, or comfort, of the victim. Need not be permanent must be more than
merely transient or trifling R v Donovan
- R v Chan-Fook: ‘Actual’ indicates the injury should not be so trivial as to be wholly
insignificant.
- T v DPP: Can include temporary loss of consciousness
- DPP v Smith: Can include hair by cutting it
- R v Golding: Includes psychiatric injury, but NOT fear or mere fright.
