Criminal: Non-Fatal Offences Against The Person

Front 1

Common assault

Back 1

Common assault is charged under s.39 OAPA 1861. Summary offence is a maximum penalty of 6 months unless racially or religiously aggravataed, in which case triable in indictmant (2 year max).

Front 2

Actus reus of assault

Back 2

The force used must be lawful

The actus reus of assault is committed where the D caused the V to apprehend immediate and unlawful force.

Front 3

Mens rea of assault

Back 3

For assault at common law (and for assault occasioning actual bodily harm) only knowledge or awareness as to the fact of assault is required.

Front 4

Actus reus of battery

Back 4

The actus reus of battery is the unlawful and unwanted touching of another's body.

Front 5

Mens rea for battery

Back 5

The mens rea for battery is the intentional or reckless infliction of unlawful force

Front 6

Lawfulness and consent

Back 6

In Brown, CA certified the following question for HL:

"Where A wounds or assaults B occasioning actual bodily harm in the course of a sado-masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can establish A's guilt under s.20 and s.47 OAPA"

Front 7

Assault occasioning actual bodily harm

Back 7

Offence is triable either way. If racially aggravated the maximum penalty is seven years

Front 8

Actus reus of assault occasioning actual bodily harm

Back 8

The words 'actual bodily harm' are not defined in the Act. According to the case law it is "any hurt or injury calculated to interfere with the health or comfort of the V" which is "more than merely transient and trifling"

Front 9

Wouding or inflicting grievous bodily harm

Back 9

Offence is triable either way. If racially aggravated the maximum penalty is seven years. Note the offence is commonly known as malicious wounding.

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Wounding or causing GBH with intent

Back 10

The offence is triable only on indictment. There is no racially aggravated version of this offence. If D commits this offence and then V dies, the crime is murder.

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Actus reus of wounding or causing GBH with intent

Back 11

The words 'wound' and 'cause GBH' have the same meaning as in s.20. Note the difference in wording- inflict/cause.

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Mens rea of wounding or causing GBH with intent

Back 12

'Maliciously' wound/cause GBH and 'with intent to do GBH'

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Reform of the law

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The Law Commission proposed a bill that would repeal ss.18, 20 & 47:
"The language of the Act is so complicated, obscure and old fashioned; and the structure of the three sections is so complicated and technical; that mistakes by lawyers and complete unintelligibility to the layman were eventually bound to result.