Offences Against the Persons Act (1861)

Hierarchy of offences:

Non-Fatal Offences against the Person

Act
Statutory offences under the Offences against the Person Act (1861)

GBH with intent

(Section 18 OAPA 1861)
AR: wounding or causing GBH specific intent offence
MR: intention plus ulterior intent

Increasing
Wounding/Inflicting GBH
seriousness
(Section 20 OAPA 1861)
decreasing AR: wounding or inflicting GBH
prevalence MR: intention or recklessness as to some harm basic intent offence

Assault occasioning actual bodily harm

(Section 47 OAPA 1861)
AR: common assault or battery resulting in
ABH
MR: intention or subjective recklessness to the
common assault or battery only

common law offences recognized by the Criminal Justice Act 1998

Common
Assault
Assault
AR – causing apprehension of
Battery
AR - infliction of force or violence (the
immediate and unlawful violence merest touching)
MR – intention or subjective MR- intention or subjective
recklessness recklessness

common law only touching offence)

Least serious offence
[unconsented to application of force]
no injury offence

ASSAUL
KEYPOINTS
T Act (1998) (section 39)
 Recognized by the Criminal Justice

 The definition of Assault is found in the common law case of Fagan v Met Police
Commissioner & R v Ireland v Burstow which is assault is an act by which a person
 BATTER


KEYPOINTS
Y
Battery defined as an “act by which a person intentionally or recklessly inflicts unlawful
personal violence on another” (R v Ireland and Burstow (1997)
 The liability equation: AR (inflicted unlawful personal violence on another) + MR
intentionally and recklessly + absence of defense = criminal liability
 The charging standard of battery can be minor cuts, bruising, swellings, scratches, black
eyes,
 It can amount to battery if D is restraining a person, spitting on them, cutting their hair,
stroking a person’s clothes,

Element: infliction of unlawful personal violence

Things to consider in actus reus element, direct or indirect nature of unlawful personal violence
and the notion of it, is It consensual or nonconsensual?

Direct or indirect nature of unlawful personal violence (both are sufficient for liability)

 The defendant touches the victim directly and is liable for battery (Collins v Wilcock)
 Defendant argues that battery requires direct infliction, however in (Haystead v DPP)
 It shows the indirect infliction (third party) also amounts to battery.
 Judge ruled that Martin had inflicted injury indirectly to the victims (R v Martin)
D placed Acid in a hand dryer, D has caused indirect injury to the victim (DPP v K)

 Battery cannot be by an omission (Fagan v MPC). There has to be an act (Dunn) however
the case of (Dpp v Santana Bermudez) The judge says that a dangerous situation was
created, and it creates a duty to Act to failure to act resulted in battery hence battery by
omission can only exit where there is a duty to act.

 There is no battery if physical contact is consensual. (Slinsby) (1995)

 Unconsented to contacts issuing from daily life are not batteries (Collins v Wilcock)

Mens rea (R v Venna) for battery is intention or subjective recklessness to as to applying force to
the person of another that force is either subjective reckless the D must foresee that the victim has

statutory offence
Assault occasioning actual bodily
harm
 KEYPOINTS (Section 47 OAPA
 Aggravated offence requires proof of some degree of harm
 demonstrate that the technical assault or battery has ‘occasioned’ or caused actual bodily
 KEYPOINTS
 s20 is malicious wounding (infliction) or causing grievous bodily harm (GBH) (Offences
Against the Person Act 1861 s 20).
Actus Reus: inflicting GBH or wounding + MR: intent or being reckless as to some harm =s20

s.20 OAPA (1861) an offence is committed where the D unlawfully and maliciously wounds or
inflicts any grievous bodily harm upon any other person with or without any weapon or
instrument

the liability equation: AR + MR + absence of defence = criminal liability

1. Degree of injury must be substantial
2. Type
Actus Reus: the victim has been unlawfully wounded of injury charged
or grievous bodily with
harmABH include
(GBH) loss
inflicted
upon them of sensory function, unconsciousness, extensive
or multiple bruising, broken nose, fractures,
stiches, broken teeth, bodily is not limited to
TWO (AR) conduct elements: unlawful wounding the (intentional
skin, flesh or
andreckless
bones, it wounding) or GBH
includes psychiatric
(intentional or reckless infliction) injury it does not include emotions such as fear,
distress or panic (Chan v Fook) (1994)
(recognized
It is possible to wound someone without them suffering grievouslypsychological injury)and it is
bodily harm
possible to inflict grievous bodily harm on someone without wounding them. (Dpp v Smith)
3. cutting of a women’s ponytail
4. psychological injury can amount to ABH but
needs to be verified with expert evidence
WOUNDING (Ireland v Burstow) (1998)

What is a wound?: it requires more than a scratch or a gaze, it requires penetration of both
layers of the namely skin dermis and epidermis. Break in continuity of skin (Moriarty v
Brookes) (1834)

Internal ruptures or bruising do not amount to a wound despite the blood loss (Mc Loughlin)
C (a minor) v Eisenhower (1984)with the exception of the lining of the mouth and urethra
(Waltham) (1849)

GREVIOUS BODILY HARM

Grievous bodily harm is defined in DPP v Smith (1961) as “really serious harm”
It includes sexually transmitted diseases with serious consequences such as HIV (R v Dica)
(2004)

It includes serious psychiatric injury such as acute clinical depression (R v Burstow)

The jury should consider the age and state of physical fitness of victim as well as the extent and
nature of the injury ex. age, vulnerability (R voffence
statutory Bollom) (2004) ex. age, vulnerability
Wounding/Inflicting GBH
(Section 20 OAPA 1861)