A2 Criminal Law: Non-Fatal Offences Against the Person

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1) Non-fatal offences defined under the Offences Against the Person Act 1861.

2) The offences of assault and battery are defined by common law.

3) The five main offences are:

Assault

Battery

Assault occasioning ABH (s47)

Wounding and GBH (s20)

Causing GBH or wounding with intent (s18)

1) Actus Reus:

The apprehension of immediate application of unlawful force from the defendant to the victim.

Examples - raising a fist as if to hit someone

throwing something and missing the victim

making a threat

2) Apprehension doesn't mean fear.

The victim doesn't have to be scared but has to believe the defendant was about to apply unlawful force.

3) The threat must be immediate.

A threat to use force in the future won't be held as assault.

Smith v Chief Superintendent of Woking (1983) - the victim feared that whatever the defendant would do next was sufficiently immediate and likely to be of a violent nature.

Constanza (1997) - HOL said prosecution must prove an apprehension of force at some time, not excluding the immediate future.

4) Words can be assault.

Ireland (1997) - silent phone calls also count as assault

Words can also negate assault.

Tuberville v Savage (1669)

This isn't always guarenteed

Light (1857)

5) Force doesn't mean violence.

Any touching can be seen as force.

5) Mens Rea

The defendant either intends to cause the victim to think they will inflict force on them

or is reckless as to whether the victim will believe that. The defendant must realise the risk of causing the victim to believe that.

Intro

Assault