Non-Fatal Offences Against the Person FACTSHEET
AQA – Criminal Law
EBradbury.com
Need to know:
• Common assault: assault and battery
• Offences Against the Person Act 1861: s47 (assault occasioning actual bodily harm),
s20 (unlawful and malicious wounding or inflicting grievous bodily harm), s18
(unlawful and malicious wounding or causing grievous bodily harm with intent to
cause grievous bodily harm)
Introduction
The crimes known as the ‘non-fatal offences’ include assault, battery, actual bodily harm
(ABH) and grievous bodily harm (GBH). Assault and battery are common law offences which
are also referred to in the Criminal Justice Act 1988. Sometimes assault and battery occur at
the same time. This offence is known as COMMON ASSAULT. The more serious offences are
defined in the Offences Against the Persons Act 1861. They include ABH (s.47) and two
types of GBH (s.20 & s.18).
Common Assault
ASSAULT
The Criminal Justice Act 1988, Section 39, provides that assault is a summary offence with a
maximum sentence on conviction of six months imprisonment or a fine.
The definition of assault is found in the case of R v Venna (1976):
‘the intentional or reckless causing of an apprehension of immediate unlawful personal
violence’
Usually assault & battery occur at the same time. This is known as COMMON ASSAULT.
Actus Reus
The actus reus of assault is any act, which makes the victim fear that unlawful force is about
to be used against him/her. No force need actually be applied e.g. raising a fist, pointing a
gun, brandishing a sword. The word ‘fear’ has been interpreted to mean ‘apprehend’
unlawful force.
, Non-Fatal Offences Against the Person FACTSHEET
AQA – Criminal Law
EBradbury.com
The courts have debated for many years the question can words be an assault? In R v
Meade and Belt (1823) people were gathered around a house and started to sing menacing
songs and to use violent language. Judge Holroyd said that ‘no words or singing are
equivalent to an assault’. However, in R v Wilson (1955) Lord Goddard stated of the
accused: ‘he called out “get out the knives” which itself would be an assault’. As Wilson is a
more recent case, this outcome is preferred.
More recently, the House of Lords have decided that a silent phone call can constitute an
assault. If the psychological injury is significant or even really serious, then this could even
constitute ABH or GBH (R v Ireland, R v Burstow (1997)).
There is no assault if it is obvious to the victim that the defendant cannot or will not carry
out his threat of violence.
Tuberville v Savage (1669)
Facts: Annoyed by someone’s comments to him, the defendant put his hand on his
sword, which by itself would have been enough to constitute an assault, but at the
same time, he said ‘if it were not assize time I would not take such language’.
Meaning that since judges were hearing criminal cases in town at the time, he had
no intention of using violence.
Held: He was not guilty of assault. His statement negatives the threat.
R v Light (1857)
Facts: The defendant held a sword above his wife’s head and said “Were it not for
the bloody policeman outside, I would split your head open.”
Held: The defendant negated his statement but he was found guilty of assault as the
threat was so harsh.
The apprehension must be IMMEDIATE:
The victim must fear immediate threat of harm, not at some time in the future. However,
the courts have given a fairly generous interpretation of the concept of immediacy.
AQA – Criminal Law
EBradbury.com
Need to know:
• Common assault: assault and battery
• Offences Against the Person Act 1861: s47 (assault occasioning actual bodily harm),
s20 (unlawful and malicious wounding or inflicting grievous bodily harm), s18
(unlawful and malicious wounding or causing grievous bodily harm with intent to
cause grievous bodily harm)
Introduction
The crimes known as the ‘non-fatal offences’ include assault, battery, actual bodily harm
(ABH) and grievous bodily harm (GBH). Assault and battery are common law offences which
are also referred to in the Criminal Justice Act 1988. Sometimes assault and battery occur at
the same time. This offence is known as COMMON ASSAULT. The more serious offences are
defined in the Offences Against the Persons Act 1861. They include ABH (s.47) and two
types of GBH (s.20 & s.18).
Common Assault
ASSAULT
The Criminal Justice Act 1988, Section 39, provides that assault is a summary offence with a
maximum sentence on conviction of six months imprisonment or a fine.
The definition of assault is found in the case of R v Venna (1976):
‘the intentional or reckless causing of an apprehension of immediate unlawful personal
violence’
Usually assault & battery occur at the same time. This is known as COMMON ASSAULT.
Actus Reus
The actus reus of assault is any act, which makes the victim fear that unlawful force is about
to be used against him/her. No force need actually be applied e.g. raising a fist, pointing a
gun, brandishing a sword. The word ‘fear’ has been interpreted to mean ‘apprehend’
unlawful force.
, Non-Fatal Offences Against the Person FACTSHEET
AQA – Criminal Law
EBradbury.com
The courts have debated for many years the question can words be an assault? In R v
Meade and Belt (1823) people were gathered around a house and started to sing menacing
songs and to use violent language. Judge Holroyd said that ‘no words or singing are
equivalent to an assault’. However, in R v Wilson (1955) Lord Goddard stated of the
accused: ‘he called out “get out the knives” which itself would be an assault’. As Wilson is a
more recent case, this outcome is preferred.
More recently, the House of Lords have decided that a silent phone call can constitute an
assault. If the psychological injury is significant or even really serious, then this could even
constitute ABH or GBH (R v Ireland, R v Burstow (1997)).
There is no assault if it is obvious to the victim that the defendant cannot or will not carry
out his threat of violence.
Tuberville v Savage (1669)
Facts: Annoyed by someone’s comments to him, the defendant put his hand on his
sword, which by itself would have been enough to constitute an assault, but at the
same time, he said ‘if it were not assize time I would not take such language’.
Meaning that since judges were hearing criminal cases in town at the time, he had
no intention of using violence.
Held: He was not guilty of assault. His statement negatives the threat.
R v Light (1857)
Facts: The defendant held a sword above his wife’s head and said “Were it not for
the bloody policeman outside, I would split your head open.”
Held: The defendant negated his statement but he was found guilty of assault as the
threat was so harsh.
The apprehension must be IMMEDIATE:
The victim must fear immediate threat of harm, not at some time in the future. However,
the courts have given a fairly generous interpretation of the concept of immediacy.
