Non-fatal offences Flashcards
Hierarchy / overview
Least serious to most serious:
(on same level:)
1a) Common assault
- AR: where a person ‘causes another to fear immediate unlawful force’
- MR: intention / subjective reckless
[ silent telephone calls, pointing a fake gun at someone, saying ‘I’m going to hit you’ ]
1b) Battery
- AR: application of unlawful physical force on another
- MR: intention / subjective reckless
[ pushing someone, slapping someone, spitting at someone ]
2) Assault occasioning actual bodily harm
- s.47 OAPA (1861)
- AR: common assault or battery occasioning (resulting) in actual bodily harm
- MR: intention / subjective reckless to the common assault or battery only (not needed for the ABH)
[ pushing someone at a bar, causing them to trip on a chair and bruise their leg, small cuts, bruises, scratches ]
3) Wounding / inflicting GBH
- s.20 Offences Against the Persons Act (1961)
- AR: Wounding or inflicting GBH
- MR: Intention / recklessness as to some harm
[ attacking with a sharp object, striking someone with a blunt object, breaking someone’s bone, causing a permanent disability, acid attacks, concussions, lacerations ]
4) GBH with intent
- s.18 Offences Against the Person Act (1861)
- AR: Wounding or causing GBH
- MR: Maliciously wound / cause GBH (specific-intent offence)
