1. LECTURE 8
OFFENCES AGAINST THE
PERSON (2)
NON FATAL OFFENCES
Foundation Law 2013/14

2. Recap-Lecture 8: Offences Against
the Person (1)
 Offences Against the Person (1): FATAL OFFENCES
 What is a “fatal offence”?
 Murder & Manslaughter + the actus re us & m e ns re a of
these offences

3. Murder
 Murder
“unlawfulkillingwithmaliceaforethought”
 Actus reus of murder: “unlawful killing”
 Killing must be unlawful
 Chain of causation
 The victim must be a living human being
 Mens rea of murder: “malice aforethought”
 Murder is a specific intent crime
 Intention can be express (express malice-intention to kill) or
implied malice ( intention to cause GBH)

4. Manslaughter
 Manslaughter
“unlawful killingWITHOUTmaliceaforethought”
 Voluntary manslaughter(partial defence):
 Loss of self control/provocation
 Diminished responsibility
 Involuntary manslaughter:
 Unlawful act manslaughter
 Gross negligence manslaughter

5. Lecture 8- Offences Against the
Person (2): Non Fatal Offences
 What is a fatal/non-fatal offence?
 Fatal offences result in the death of the victim
 Non-fatal offences: does not result in the death of the
victim but infliction of physical and/or mental injury

6. Learning Outcomes:
 Describe and differentiate between the other
principle acts of violence against the person:
 Common Assault;
 Battery;
 Assault occasioning actual bodily harm (ABH); and
 Assault occasioning grievous bodily harm (GBH)

7. Common Assault
 Section 39 of the Criminal Justice Act 1988 states
that common assault is a summary only offence
 The statute does not however, define what common
assault is
 Common law closes this gap
He nce , yo u willne e d to re ad the re le vant case s o n this
to pic and cite the m as le g alautho ritie s!

8. Common Assault
 There are two ways of committing this offence:
 Assault (no need for contact and extends to verbal
assault (inc. silent calls- R v Ireland (1997)); and
 Battery (involves physical application of force)

9. Common Assault
 R v Ireland (1997)
 House of Lords defined common assault as an
offence that is committed when the defendant
inte ntio nally, o r re ckle ssly, cause s ano the r pe rso n to
believehe willsuffe r im m e diate unlawfulvio le nce
 NB: its not the actual application of force but an
action which causes the victim to believe that
immediate unlawful violence will be inflicted

10. Common Assault
An assault therefore,
is committed when a
gun is simply pointed
at someone, which
causes them to
believe that
immediate unlawful
violence will be
inflicted!

11. R v Ireland (1997)
 The defendant made silent phone calls to the victims
and was found guilty of assault causing actual bodily
harm
 The House of Lords said that there is no need for
any physical contact between the defendant and the
victim for an assault to occur

12. Actus Reus of Common Assault
 The actus reus of the offence is committed when the defendant does any act
which causes the victim to be lie ve that unlawful violence is about to be
inflicted
 As outlined in R v Ireland, common assault does not involve the actual
application of force, nor any physical contact with the victim
 Both silence and shouting of words, as outlined by the House of Lords in R v
Ireland, amount to assault

13. Mens Rea of Common Assault
 The mens rea for assault, as established in R v
Venna (1976) is intention to cause another to fear
immediate unlawful violence or recklessness to
cause such fear
 The test for recklessness is subjective- the
defendant must have realised that there was a risk
that his actions or words, could cause the victim to
fear unlawful personal violence

14. Battery
 Like common assault, the definition of battery is
found in common law. However, Section 39 of the
Criminal Justice Act 1988 states that battery is a
summary only offence
 Battery is the applicatio n, inte ntio nally o r re ckle ssly,
o f unlawful forceo n ano the r pe rso n

15. What is “force”?
 Collins v Wilcock (1984)
 Force can include the slightest of touching
 Examples of battery: punching, slapping, kicking and
pushing
 Includes the use of indirect force (for example,
throwing something at the victim.)

16. Remember!
 Assault- the victim simply fears that immediate
unlawful violence will be inflicted
 Battery-actual application of force

17. Actus Reus of Battery
 The actus reus of battery is the actual use of force
against the victim
 The application of force must be UNLAWFUL
( Collins v Wilcock (1984))

18. Mens Rea of Battery
 The mens rea of battery is either an intention to
apply unlawful physical force or recklessness as to
whether unlawful force has been applied
 The test for recklessness is subjective- did the
defendant realise that there is a risk that his act (or
omission) could cause unlawful force being applied
to another?

19. Remember!
 For any offence (unless of course its one of strict liability),
BOTH the actus reus and mens rea is required

20. Fagan v Metropolitan Police
Commissioner (1969)
 Both the mens rea and the actus reus must exist at
the same time for an offence of battery

21. Assault Occasioning Actual Bodily
Harm (ABH)
 Section 47 of the Offences Against the Person Act 1861
provides that assault occasioning actual bodily harm is an
either way offence which can result in a maximum prison
sentence of 5 years
 Assault occasioning actual bodily harm is an assault or
battery which causes actual bodily harm
 To occasion means to “cause”

22. Actus Reus of Assault Occasioning
ABH
 The actus reus of assault occasioning actual bodily
harm is that of assault or battery
 Common Assault: intentionally or recklessly caused
the victim to fear immediate and unlawful violence
 Battery: application, intentionally or recklessly of
unlawful force

23. Remember!
 “Occasioning” means “to cause”
 Therefore, the battery or the assault, must have
CAUSED/ “OCCASIONED” actual bodily harm

24. Examples of Assault Occasioning
ABH
 The harm caused/ “occasioned” can be physical and
psychological
 Examples of ABH include:
 Loss of teeth
 Temporary loss of consciousness
 Bruising
 Broken nose
 Minor fractures and cuts
 Psychiatric injury
 A scratch

25. Mens Rea of Assault Occasioning
ABH
 The mens rea of ABH is the same for an assault or
battery
 Common Assault: intention or recklessness to cause
fear of immediate unlawful violence
 Battery: intention or recklessness to apply unlawful
physical force
 R v Savage (1991): the defendant will be guilty even

26. Infliction of Grievous Bodily Harm
(GBH)
 Section 20 of the Offences Against the Person Act 1861:
“who so e ve r shallunlawfullyandmaliciouslywoundorinflict
anygrievous bodilyharmupo n ano the r pe rso n, e ithe r with
o r witho ut any we apo n o r instrum e nt, shallbe g uilty o f an
o ffe nce triable e ithe r way and be ing co nvicte d the re o f shall
be liable to im priso nm e nt o f five ye ars”
 “Malio us Wo unding ”-definition given by the common law
 R v Wood (1830)
 JCC v Eisenhower (1983)

27. Actus Reus of Section 20 OAPA
1861
 The actus reus of section 20 is that the defendant must “wound or
inflict grievous bodily harm”
 The injuries need to be “grievous” although not be permanent or life
threatening
 Examples of GBH:
 Sexually transmitted diseases- R v Dica (2004)
 Deep wounds (breaking of the skin)
 Broken/displaced limbs
 Injuries resulting in a substantial loss of blood
 Disability
 Severe internal injuries

28. Mens Rea of Section 20 GBH
 NB: section 20 refers to the infliction of GBH
 The mens rea of section 20 GBH is intention or
recklessness
 R v Parmenter (1991)

29. Causing GBH with INTENT
 Section 18 of the Offences Against the Person Act
1861
 Actus Reus of Section 18 offence: “wounding or
infliction of grievous bodily harm”
 Mens rea: the defendant must actually intendto
cause GBH
 Section 18 is a specific intention crime

30. Section 18 v Section 20
 Section 18 offence is more serious (carries life
imprisonment), the defendant had the intention to cause
GBH; whereas
 Section 20 intention/recklessness to cause some form of
harm
 The key difference is therefore, in the mens rea of the
offences
 Section 18 of the OAPA 1861 is a specific intention

31. Preps. For Seminar 8
 Hand-out:
 Reading List
 Jacqueline Martin, “GCSE Law”, 5th
Edition, Chapter 23:
Fatal Offences
 List of cases
 Preparatory Questions