Offences Against the Persons Act 1861 + CJA 1988
*start by assessing most serious offence, then work your way down until a firm conclusion can be drawn on one of the offences.
battery
5
commonassault
AR terms:
• Wound: to draw blood, regardless of severity/both layers of skin need to be broke (Moriarty) + bruising or internal
bleeding does not count as wound (Eisenhower)
• GBH: really serious harm (DPP v Smith), physical or psychiatric (Burstow) - up to jury to decide
• ABH: any hurt or injury calculated to interfere with the health or comfort of the victim, e.g. bruise, scratch, swelling
(Miller) and may include mental health provided its a recognised psychiatric condition (Ireland; Chan-Fook)
• Physical assault: infliction of unlawful physical force, using objects to do so will count as an assault (DPP v K) and
hitting someone who then causes another assault, e.g. drops a baby, will be count as 2 assists (Haystead)
• Simple assault: causing another person to apprehend the immediate infliction of unlawful personal force (Fagan),
words are sufficient (Ireland) and conditional threats (Read v Coker)
MR terms:
• Maliciously: includes recklessness and intention (Savage; Parmenter)
◦ Subjective recklessness test (Cunningham)
◦ E.g. s.20 D must have foreseen some actual bodily harm (ABH) (Savage) - mr is only towards the assault (ABH)
not the harm (GBH)
Notes:
• CPS states that you will only actually be charged of s.18 if the wound/GBH is very serious e.g. stabbing someone
• CPS guidance for intent of s.18 OAPA:
◦ Factors that may indicate the specific intent include a repeated or planned attack, deliberate selection of a
weapon or adaptation of an article to cause injury, such as breaking a glass before an attack, making prior threats
or using an offensive weapon against, or kicking the victim’s head.
*start by assessing most serious offence, then work your way down until a firm conclusion can be drawn on one of the offences.
battery
5
commonassault
AR terms:
• Wound: to draw blood, regardless of severity/both layers of skin need to be broke (Moriarty) + bruising or internal
bleeding does not count as wound (Eisenhower)
• GBH: really serious harm (DPP v Smith), physical or psychiatric (Burstow) - up to jury to decide
• ABH: any hurt or injury calculated to interfere with the health or comfort of the victim, e.g. bruise, scratch, swelling
(Miller) and may include mental health provided its a recognised psychiatric condition (Ireland; Chan-Fook)
• Physical assault: infliction of unlawful physical force, using objects to do so will count as an assault (DPP v K) and
hitting someone who then causes another assault, e.g. drops a baby, will be count as 2 assists (Haystead)
• Simple assault: causing another person to apprehend the immediate infliction of unlawful personal force (Fagan),
words are sufficient (Ireland) and conditional threats (Read v Coker)
MR terms:
• Maliciously: includes recklessness and intention (Savage; Parmenter)
◦ Subjective recklessness test (Cunningham)
◦ E.g. s.20 D must have foreseen some actual bodily harm (ABH) (Savage) - mr is only towards the assault (ABH)
not the harm (GBH)
Notes:
• CPS states that you will only actually be charged of s.18 if the wound/GBH is very serious e.g. stabbing someone
• CPS guidance for intent of s.18 OAPA:
◦ Factors that may indicate the specific intent include a repeated or planned attack, deliberate selection of a
weapon or adaptation of an article to cause injury, such as breaking a glass before an attack, making prior threats
or using an offensive weapon against, or kicking the victim’s head.
