Non Fatal Offences Against
the Person
ABH GBH Wounding
Criminal Law A2
Mrs Howe
Offences Where Injury is Caused
Assault Occasioning Actual Bodily Harm s47
Offences Against the Person Act 1861
Malicious wounding or inflicting GBH s18
OAPA 1861
Wounding or causing GBH with intent S20
OAPA 1861 (most serious)
Mrs Howe
AABH
• S 47 of The OAPA 1861
• Triable either way
• Whosoever shall be convicted of assault
occasioning actual bodily harm shall be liable to
maximum imprisonment for 5 yrs
• Although an offence created by statute there is
no definition of the offence or of the required
means rea
• All these points have been developed through
case law
Mrs Howe
Actus reus
• Necessary to prove there has been an assault or
battery and that this caused actual bodily harm
• ABH can be:• Hurt or injury calculated to interfere with health
and comfort of the victim Miller 1954
• Loss of consciousness R V DPP 2003
• Any injury include graze, bruises
• Psychiatric injury/illness Chan Fook 1994 mere
emotions. Burstow 1997
Mrs Howe
Mens Rea of AABH
Same as for assault or battery
Intention to cause another to fear immediate
force or be. Savage 1991
Subjectively Recklessness as to whether
such fear is caused. Roberts 1971
Omission but only where there is a duty of
care
Mrs Howe
Task
• Create a table of cases for Assault Battery
and S47
Mrs Howe
Talking Point
• Look at the following cases: Miller 1954, Chan
Fook 1994 Burstow 1997 R(T) V DPP 2003,
Roberts 1971, Savage 1991
• Why are cuts, bruises and grazes enough for
S47 Assault Actual Bodily Harm
• Why would causing psychiatric illness be
AOABH?
• How could loss of consciousness be AOABH
• Why do you not have to show D intended to
cause ABH
• What mens rea is required for AOABH.
Mrs Howe
S20 OAPA 1861
Malicious Wounding Inflicting GBH
•
•
•
•
Triable either way
Max sentence 5 years
Higher degree of injury than S47
For offence to be proved must show D
(Actus Reus)
– Wounded
– Or Inflicted GBH
Mrs Howe
Wounded
• Means cut or break skin
• Can be inside skin such as cheek but
• Not internal bleeding
• Wounding must break the skin
– JCC V Eisenhower 1983
– Wood 1830
Mrs Howe
GBH
• Must be serious but not:– life threatening DPP V Smith 1961
– Or really serious Saunder 1985
• V health and age will be taken into account
when deciding if injury is serious e.g Bruising on
a baby wld be GBH Bollom 2006
• Psychiatric illness can be GBH Burstow 1997
• Infecting someone with HIV Dica 2004
Mrs Howe
Inflict
• Wide interpretation of inflict
• Originally thought had to be technical a assault
or battery then GBH/Wounding. Lewis
• Only have to show D actions have lead to V
suffering GBH
Can be :• shouting through a letter box (Assault fear of
unlawful force) and someone injuring
themselves as a result of fear. Lewis 1974
• Causing V to suffer severe depression as a
result of assault. Burstow 1997
Mrs Howe
Mens Rea GBH
• Maliciously is the wording in the act .
• However in Cunningham 1957 it was decided
Maliciously does not require any ill will to V, but:• An intention to do the particular kind of harm that
was done
• Or recklessness as to whether such harm should
occur or not. (foresight of consequences but still
taken risk)
Decision upheld in Parameter 1991
Same Mens Rea for all statutory offences where
word maliciously appears. Parameter 1991
Mrs Howe
Particular kind of harm
H of L decided that although offence
requires a wound or GBH, the D :• did not have to realise the risk of GBH
• or foresee this kind/seriousness of injury
Mrs Howe
Task
• Read pg 117and 118 on Wounding or
Causing GBH with intent
Mrs Howe
S18-Wounding With Intent
•
•
•
•
More serious than S47, S20
Triable on Indictment (Crown Court-Jury)
Max sentence 20 years
Committed in two ways:– Wounding
– Or causing GBH
• Same definitions as S20
• Cause has wide meaning. Just need to show D
act was a substantial cause of the wound or
GBH
Mrs Howe
S18 Mens Rea
• S18 is a specific intention crime and therefore intention to
cause GBH or Resist arrest must be proved.
• Recklessness is not enough
• Maliciously in the wording of offence but not helpful
• Foresight of consequences is not intention. Moloney 1985
• But is evidence from which intention can be inferred or
found.
• Intention cannot be found unless the harm caused was a
virtual certainty as a result of D actions and D realised it
was so Nedrick 1986 Woolin 1998
• Lower level of intention for resisting and preventing arrest
Mrs Howe
Mens Rea Of S18(cont)
• Must have been wounding or GBH to
resist or prevent the lawful apprehension
or detainer of any person (Resist arrest)
• GBH of police man:• in order to resist arrest
• or allow a suspect to get away
• Protection for police
• Morrison 1989
Mrs Howe
Activity
• Create a Table for the cases for the Actus
Reus and Mens Rea of S20 and S18
Offences
Mrs Howe
Activity
• Read the scenario on pg 119
• Then answer the questions.
Mrs Howe
Task
• Give examples of injuries for each
sections of OAPA 1861 for
• S47
• e,g bruises, grazes
• S20,
• S18
Mrs Howe
Task
• What are the CPS charging standards?
• How can Consent be regarded as a
defence to offences against a person.
• Answer this question in light of
relevant case law.
• Why is there a need for reform of the
Offences Against Persons Act 1861?
• Include references to key proposals by
the Law Commission.
Mrs Howe
Task
• Can consent be a defence? Give reasons
and relevant cases for your answer.
• What are the CPS charging standards?
• Why does this area of law need to be
reformed? Give reasons for your answer
Mrs Howe
Activity
• Read the activity on pg 125 and identify
what offences have been committed
Mrs Howe
• Vinetta and Qaid are partners. Vinetta reluctantly allows him to
‘brand’ the letter ‘M’ on her thigh with a piece of hot wire as a token
of their love. The pain is so great that Vinetta lashes out
uncontrollably and strikes Qaid in the face breaking his glasses and
cutting his eyebrow. Qaid is now so annoyed that he retaliates by
hitting out at Vinetta, catching her in the face and causing her nose
to bleed. Vinetta storms out saying she will never forgive him for
hitting her.
For the next three months Qaid telephones Vinetta at her parents’
house as many as ten times a day. Each time he threatens her that
she will ‘regret it’ if she ever decides to go out with another man.
Vinetta becomes so frightened and depressed by Qaid’s behaviour
that she cannot leave the house and gives up her job.
• Consider what offences, if any, have been committed by Vinetta and
Qaid and whether any defences are available to either of them.
Mrs Howe
Exam Questions
• David is the captain of the Kingsport United football
team. During an important match against their local
rivals, David is involved in an accidental clash of heads
whilst jumping for the ball with an opposing player,
Martin. David receives a large bruise above his left eye
and Martin sustains a small graze on his eyebrow. David
insists on continuing after treatment with a cold sponge
but is obviously in a dazed condition. A few minutes later
David jumps wildly into a late challenge on Martin. Martin
is stretchered off and x-rays later reveal that he has a
broken ankle. The referee, Sanjay, raises a red card to
send David off the pitch. In his confused state David
believes the referee is about to attack him and punches
Sanjay on the nose causing it to bleed.
Advise David as to his possible criminal liability. [50]
Mrs Howe
Mrs Howe