14th November 2019
Criminal Law - Lecture 9: Non-Fatal Offences Against the Person (I)
- Law on offences against the person protects the person’s right to bodily integrity
- The idea of injuries, however, this is actually secondary to the offence
- Begins at the moment of unwanted contact that may or may not lead to injuries
1. Causing GBH and/or wounding with intent to cause GBH (s.18)
- Life imprisonment
- Often, situations that could have ended up in murder
2. Inflicting GBH and/or wounding (s.20)
- 5 years (but considered serious than section 47)
3. Assault or battering occasioning ABH (s.47)
- 5 years
4. Assault (s.39)
5. Battery (s.39)
- Maximum of 6 months or a £5,000 fine (for assault and battery)
- Assault and battery are both common law offence but are prosecuted under the
criminal law
Assault and Battery:
- 2 separate offence that can be charged together
- Assault = no physical contact
o Apprehension of imminent unwanted physical contact
o Victim doesn’t have to be afraid but they need to be able to see it coming
o Actus Reus:
Apprehension of imminent unlawful force
EG Constanza [1997] Crim LR 576
Words and even silence can amount to assault
o Sending letters to the defendant
o Mens Rea:
Intention or recklessness
D must foresee the apprehension of unlawful force
EG Venna [1975] 3 ALL ER 788 approved in Savage and
Paramenter
- Battery = physical contact
o Unwanted physical contact
o Doesn’t need to be violent or aggressive, just has to be unwanted
o Can be violent but doesn’t have to be
o Actus Reus:
Unwanted physical touching or force
No harm to V – mere contact must be there
Need not be direct (Fagan [1969]; Santa-Bermudez [2003] and
Haystead [2000])
Extends touching to V’s clothing
Criminal Law - Lecture 9: Non-Fatal Offences Against the Person (I)
- Law on offences against the person protects the person’s right to bodily integrity
- The idea of injuries, however, this is actually secondary to the offence
- Begins at the moment of unwanted contact that may or may not lead to injuries
1. Causing GBH and/or wounding with intent to cause GBH (s.18)
- Life imprisonment
- Often, situations that could have ended up in murder
2. Inflicting GBH and/or wounding (s.20)
- 5 years (but considered serious than section 47)
3. Assault or battering occasioning ABH (s.47)
- 5 years
4. Assault (s.39)
5. Battery (s.39)
- Maximum of 6 months or a £5,000 fine (for assault and battery)
- Assault and battery are both common law offence but are prosecuted under the
criminal law
Assault and Battery:
- 2 separate offence that can be charged together
- Assault = no physical contact
o Apprehension of imminent unwanted physical contact
o Victim doesn’t have to be afraid but they need to be able to see it coming
o Actus Reus:
Apprehension of imminent unlawful force
EG Constanza [1997] Crim LR 576
Words and even silence can amount to assault
o Sending letters to the defendant
o Mens Rea:
Intention or recklessness
D must foresee the apprehension of unlawful force
EG Venna [1975] 3 ALL ER 788 approved in Savage and
Paramenter
- Battery = physical contact
o Unwanted physical contact
o Doesn’t need to be violent or aggressive, just has to be unwanted
o Can be violent but doesn’t have to be
o Actus Reus:
Unwanted physical touching or force
No harm to V – mere contact must be there
Need not be direct (Fagan [1969]; Santa-Bermudez [2003] and
Haystead [2000])
Extends touching to V’s clothing
