Non-Fatal Offences Against the Person

This lesson covers the hierarchy of non-fatal offences against the person — from the least serious (assault and battery) to the most serious (GBH with intent). These offences are primarily governed by the Offences Against the Person Act 1861 (OAPA 1861) and common law. You must understand the actus reus and mens rea of each offence, the key cases, and how the offences relate to each other.

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Key Terms

Term	Definition
Assault	An act which causes the victim to apprehend immediate unlawful personal violence — a common law offence charged under s.39 Criminal Justice Act 1988
Battery	The application of unlawful force to another person — a common law offence charged under s.39 CJA 1988
ABH (Actual Bodily Harm)	Any hurt or injury that interferes with the health or comfort of the victim — charged under s.47 OAPA 1861
GBH (Grievous Bodily Harm)	Really serious harm — charged under s.20 OAPA 1861 (without intent) or s.18 OAPA 1861 (with intent)
Wounding	A break in both layers of the skin (dermis and epidermis) — charged under s.20 or s.18 OAPA 1861
Maliciously	In the context of the OAPA 1861, this means intentionally or recklessly (Cunningham recklessness)

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The Hierarchy of Offences

The non-fatal offences form a hierarchy of increasing seriousness:

Offence	Section	Maximum Sentence	Mens Rea Required
Assault	Common law; s.39 CJA 1988	6 months imprisonment	Intention or recklessness as to causing V to apprehend immediate unlawful force
Battery	Common law; s.39 CJA 1988	6 months imprisonment	Intention or recklessness as to the application of unlawful force
ABH	s.47 OAPA 1861	5 years imprisonment	Intention or recklessness as to assault or battery (NOT the ABH itself)
GBH/Wounding	s.20 OAPA 1861	5 years imprisonment	Intention or recklessness as to some harm (not necessarily GBH)
GBH/Wounding with intent	s.18 OAPA 1861	Life imprisonment	Intention to cause GBH or intention to resist arrest

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Assault (Common Law)

Definition

An assault is any act which causes the victim to apprehend immediate unlawful personal violence. No physical contact is required — the offence is committed when the victim fears that force is about to be used against them.

Actus Reus

The actus reus is any act that causes V to apprehend immediate and unlawful force. This can include:

• Raising a fist
• Pointing a weapon
• Making threatening gestures
• Words alone can constitute an assault: R v Ireland [1998] — silent telephone calls were held to amount to an assault (the victim apprehended immediate violence)
• Words and letters: R v Constanza [1997] — stalking behaviour including letters was held to constitute an assault where the victim feared violence

Importantly, words can negate an assault: in Tuberville v Savage [1669], the defendant placed his hand on his sword but said, "If it were not assize time, I would not take such language from you." The words negated any apprehension of immediate violence because they indicated the defendant would not act.

Mens Rea

Intention or Cunningham recklessness — the defendant must intend to cause the victim to apprehend immediate unlawful force, or be reckless as to whether such apprehension is caused.

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Battery (Common Law)

Definition

Battery is the application of unlawful force to another person. Any degree of force is sufficient — it does not need to cause injury.

Actus Reus

The actus reus is the application of unlawful force to V's person. This can include:

• Punching, kicking, pushing, spitting
• Touching another person's clothing: R v Thomas [1985] — touching the hem of a woman's skirt was held to be capable of amounting to battery
• Indirect force: DPP v K [1990] — placing acid in a hand dryer which then sprayed onto another person
• Collins v Wilcock [1984] — a police officer grabbed a woman's arm without lawful authority. The court held this amounted to battery. Robert Goff LJ stated that everyone has a right to bodily integrity and that everyday touching (in crowded places, etc.) is impliedly consented to.

Mens Rea

Intention or Cunningham recklessness as to the application of unlawful force.

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ABH — s.47 OAPA 1861

Definition

Section 47 provides: "Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable... to imprisonment for not more than five years."

Actus Reus

The actus reus of s.47 is an assault or battery that causes actual bodily harm.

Actual bodily harm is defined as:

• R v Miller [1954]: "any hurt or injury calculated to interfere with the health or comfort of the victim"
• R v Chan Fook [1994]: ABH includes psychiatric injury (a clinically recognised condition), but not mere emotions such as fear, distress, or panic
• DPP v Smith [2006]: cutting a person's hair without consent amounts to ABH (it need not be painful)

The harm must be more than merely transient or trifling but does not need to be permanent or serious.

Mens Rea

The mens rea for s.47 is the same as for assault or battery — intention or recklessness as to the assault or battery. Crucially, the prosecution does not need to prove that D intended or foresaw the ABH itself.

R v Savage [1992] (combined with R v Parmenter)

Savage threw a pint of beer over a woman in a pub. The glass slipped from her hand and broke, cutting the victim's wrist. The House of Lords confirmed that the mens rea for s.47 requires only the mens rea for the assault or battery — there is no need to prove that D foresaw ABH.