1. Non Fatal Offences Against the Person
ABH GBH Wounding
Criminal Law A2
Mrs Howe

2. 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

3. 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

4. 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

5. 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

6. Task
Create a table of cases for Assault Battery and S47
Mrs Howe

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Task Read pg 117and 118 on Wounding or Causing GBH with intent
Mrs Howe

15. 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

16. 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

17. 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

18. Activity
Create a Table for the cases for the Actus Reus and Mens Rea of S20 and S18 Offences
Mrs Howe

19. Activity Read the scenario on pg 119 Then answer the questions.
Mrs Howe

20. Task Give examples of injuries for each sections of OAPA 1861 for S47
e,g bruises, grazes
S20,
S18
Mrs Howe

21. 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

22. 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

23. Activity
Read the activity on pg 125 and identify what offences have been committed
Mrs Howe

24. Vinetta and Qaid are partners
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

25. 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

26. Mrs Howe