Non-Fatal Offences Against the Person NCALT

The purpose of this NCALT is to educate members of the Los Santos Police Service about the following non-fatal offences against the person so that they may understand how best to apply the law and charge individuals appropriately:

• Common Assault:

  • Assault;

  • Battery

• Assault Occasioning Actual Bodily Harm (Section 47 of the Offences against the person act 1861)

• Causing Grievous Bodily Harm (Section 20 of the Offences Against the Person Act 1861)

• Causing Grievous Bodily Harm with Intent (Section 18 of the Offences Against the Person Act 1961)

Each offence will be broken down into 2 parts:

• Actus Reas - This is the Physical aspect of the offence;

• Mens Rea - This is the criminal intent 

In addition to the basic breakdown of the offences relevant cases will be noted.

Common Assault consists of 2 separate and independent offences those being:

Assault;

Battery;

The two offences together are named as the definitions for the offences are not found in a stature instead the definitions can be found in Common Law. They are however charged under section 39 of the Criminal Justice Act 1988.

2.1 Assault

Assault is defined as:

“Intentionally or Recklessly making another person apprehend immediate and unlawful personal violence”

2.1.1 Actus Reus

The actus reus for assault is making another person apprehend immediate and unlawful personal violence. This itself can be broken down into multiple sections

1. Making another person to apprehend Violence

For this section of the actus reus the victim must apprehend violence, no physical contact is needed and words alone can be enough to constitute an assault (R V Constanza 1997) as can silence in the right circumstance (R V Ireland). 

However just as words can cause an assault they can also prevent it (Tupperiville V Savage)

2. The Violence apprehended must be immediate violence must be immediate however immediate does not mean instantaneous 

2.1.2 Mens Rea

The suspect must intend or be reckless as to cause an assault 

2.2 Battery

Battery is defined as:

"The intentional or reckless unlawful application of force against another"

2.2.1 Actus Reus 

The actus reus for battery is simply the unlawful application of force against another and this force does not have to be a direct force (Haysted V DPP (2000)) and the merest touch is enough to constitute force (R V Thomas (1985)) The touching of cloths is also enough 

2.2.2 Mens Rea

The suspect must use force intentionally or recklessly.

Assault occasioning actual bodily harm(ABH) is an offence where the injury caused to the suspect is what differs it from the lesser offences of assault and battery. ABH is charged under section 47 of the Offences Against the Person Act. 1861 and can be defined as:

 Assault or battery resulting in actual bodily harm.

3.1 Actus Reus 

The actus reus can be broken up into two parts:

1. The suspect must commit an assault (Common Assault);

For the purpose of ABH an assault can mean an assault or battery 

2. This assault must cause actual bodily harm;

Actual bodily harm is defined in the cases of R v Donovan (1934) and R v Miller (1954) as

 "such injury that is more than transient or trifling that interferes with the health or comfort of the victim"

The case of R v Chan Fook went on to add that the injury does not need to be permanent however cannot be so trivial as to be insignificant. 

3.2 Mens Rea

The mens rea for ABH is intentionally or Recklessly causing an assault or battery. 

Causing wounding or grievous bodily harm (GBH) is defined in section 18 (With intent) and section 20 (without intent) of the offences against the Person Act 1861. The actus reus of both these offences are the same however the mens rea differs.  Grievous bodily harm is defined and charged under the relevant sections of the Offences Against the Person Act 1861

3.1 Actus Reus

The actus reus for GBH can be broken down into  2 parts:

1. Causing wounding or

2. Causing Grievous Bodily Harm

3.1.1 Wounding

Wounding is defined as a break in both layers of the skin (JJC V Eisenhower (1984)) this may seem quite a small level of injury considering the severity of the crime as it could mean something as simple as a pinprick would classify however the CPS charging standards rectify this by stating that minor injuries should be changed as ABH instead. 

3.1.2 Grievous Bodily Harm

Grievous bodily harm should be given its ordinary and natural meaning (DPP v Smith (1961)) which is to say really serious harm and whether this harm is really serious is an objective assessment for the jury to decide upon (R V Brown and Stratton (1988)) . 

However, the CPS charging standards do offer some guidance as to the types of injuries that may constitute GBH: 

• A substantial loss of blood, usually requiring a transfusion

• Those which require lengthy medical treatment or result in a period of incapacity

• A permanent disability or loss of sensory functions

• A permanent visible disfigurement

• Broken bones, cheekbone, jaw or ribs

• Dislocated joints, displaced limbs and fracturing to the skull

3.2 Mens Rea

Section 20 GBH

The mens Read for Section 20 GBH is intention or Recklessness as to some harm being caused. This means that the individual did not have to intend or be reckless as to cause wounding or grievous bodily harm just to the fact that some hard may be caused (R v Mowatt (1968)). 

Section 18 GBH

The mens rea for section 18 GBH is to cause wounding or grievous bodily harm with the intention to cause wounding or grevious bodily harm or to resist arrest.