Non-Fatal Offences Against the Person
Levels of Violence
■ 1,035,162 offences of violence against the person recorded by the police in 2015/16
■ Crime Survey for England and Wales estimates that there were 1,300,000 violent
incidents against adults in 2015/16. (20% of all crime)
■ About 50% of OAP result in injury
■ COMMON ASSAULT AND BATTERY - Section 39 Criminal Justice Act 1988
■ (MAX: SIX MONTHS)
■ Offences under the Offences Against the Person Act 1861 (OAPA)
■ SECTION 47– ASSAULT OCCASIONING A.B.H
■ (MAX: FIVE YEARS)
■ SECTION 20: MALICIOUSLY WOUNDING OR INFLICTING G.B.H.
■ (MAX: FIVE YEARS)
■ SECTION 18: INTENTIONALLY WOUNDING OR CAUSING G.B.H
■ (MAX: LIFE)
■ Assault and Battery
■ “Technical assault”, “common assault” – often used to refer to assault and battery,
but they are two separate offences
■ DPP v Little [1992] QB 645
■ Definition of assault: An act by which D, intentionally or recklessly, causes V to
apprehend immediate and unlawful personal violence. Stephens v Myers (1830);
Ireland [1998]
■ Definition of battery: An act by which D, intentionally or recklessly, inflicts unlawful
personal violence upon the victim. Cole v Turner (1705)
■ Actus reus: Any act by D which causes V to apprehend immediate and unlawful
violence.
■ Apprehension?
■ Unlawful?
■ How immediate must the threat be? Ireland [1998]; Constanza [1997]
■ Can words alone amount to an assault? Ireland [1998]; Constanza [1997]
■ Conditional threats?- Tuberville v Savage (1669) - “If it were not assize time,
I would not take such language from you”
■ Mens rea: intention or recklessness (subjective).
■ Venna [1976]; upheld in Spratt [1990]; followed in Savage and Parmenter
[1991]
Battery
■ Actus reus: unlawful personal violence
■ How much violence is needed?
■ Faulkner v Talbot [1981] Lord Lane “any intentional touching of
another person without the consent of that person and without lawful
excuse”
■ What about everyday contact between people? – Collins v Willcock
[1984]
■ Indirect contact? - DPP v K [1990]
■ Mens rea: intention or recklessness as to unlawful personal violence
■ Venna [1976]; upheld in Spratt [1990]; followed in Savage and
Parmenter [1991]
Levels of Violence
■ 1,035,162 offences of violence against the person recorded by the police in 2015/16
■ Crime Survey for England and Wales estimates that there were 1,300,000 violent
incidents against adults in 2015/16. (20% of all crime)
■ About 50% of OAP result in injury
■ COMMON ASSAULT AND BATTERY - Section 39 Criminal Justice Act 1988
■ (MAX: SIX MONTHS)
■ Offences under the Offences Against the Person Act 1861 (OAPA)
■ SECTION 47– ASSAULT OCCASIONING A.B.H
■ (MAX: FIVE YEARS)
■ SECTION 20: MALICIOUSLY WOUNDING OR INFLICTING G.B.H.
■ (MAX: FIVE YEARS)
■ SECTION 18: INTENTIONALLY WOUNDING OR CAUSING G.B.H
■ (MAX: LIFE)
■ Assault and Battery
■ “Technical assault”, “common assault” – often used to refer to assault and battery,
but they are two separate offences
■ DPP v Little [1992] QB 645
■ Definition of assault: An act by which D, intentionally or recklessly, causes V to
apprehend immediate and unlawful personal violence. Stephens v Myers (1830);
Ireland [1998]
■ Definition of battery: An act by which D, intentionally or recklessly, inflicts unlawful
personal violence upon the victim. Cole v Turner (1705)
■ Actus reus: Any act by D which causes V to apprehend immediate and unlawful
violence.
■ Apprehension?
■ Unlawful?
■ How immediate must the threat be? Ireland [1998]; Constanza [1997]
■ Can words alone amount to an assault? Ireland [1998]; Constanza [1997]
■ Conditional threats?- Tuberville v Savage (1669) - “If it were not assize time,
I would not take such language from you”
■ Mens rea: intention or recklessness (subjective).
■ Venna [1976]; upheld in Spratt [1990]; followed in Savage and Parmenter
[1991]
Battery
■ Actus reus: unlawful personal violence
■ How much violence is needed?
■ Faulkner v Talbot [1981] Lord Lane “any intentional touching of
another person without the consent of that person and without lawful
excuse”
■ What about everyday contact between people? – Collins v Willcock
[1984]
■ Indirect contact? - DPP v K [1990]
■ Mens rea: intention or recklessness as to unlawful personal violence
■ Venna [1976]; upheld in Spratt [1990]; followed in Savage and
Parmenter [1991]
