Non-Fatal Offences

Question 1

What are the Core Non-Fatal Offences?

Answer 1

In descending order of severity:

• §18 OAPA: Wounding or causing GBH with intent.
• §20 OAPA: Wounding or causing GBH.
• §47 OAPA: Assault ocassioning ABH.
• Battery: Using unlawful force on another without consent.
• Assault: Impressing the immediate threat of unlawful violence.

Question 2

What are the Elements of Assault?

Answer 2

• Actus Reus : Causing another to apprehend immediate and unlawful, personal (physical) violence.
• Mens Rea : Intent or Recklessness.
• Available Defences: Self-Defence, Intoxication, or Consent.

Words, conduct, and silenct can all amount to Assault, and de-escalatory language can negate Assault.

Question 3

Regarding Assault, what constitutes ‘Immediate’?

Answer 3

Some time not excluding the immediate future.

Question 4

What are the Elements of Battery?

Answer 4

• Actus Reus : Using unlawful Force on another without Consent.
• Mens Rea : Intent or Recklessness.
• Available Defences: Self-Defence, Intoxication, Consent.

If Battery results in harm that is more than trivial, it can become a §18, §20, or §47 Offence.

Question 5

How can Battery be inflicted?

Answer 5

Directly, indirectly, or by omission.

Indirect Battery usually involves a missile, a trap, or some other remote means of applying Force.

Battery by Omission usually involves a breach of a duty to act that results in the applicaton of unlawful Force on the Victim.

Question 6

Regarding Battery, what constitutes ‘Force’?

Answer 6

The merest of touch, and not necessarily of a rude, hostile, or aggressive nature.

Question 7

What are the Elements of §47?

Answer 7

• Actus Reus : Assaulting or Battering another, casuing ABH.
• Mens Rea : Intent or Recklessness as to the Assault or Battery.
• Available Defences: Self-Defence, Intoxication, Consent.

Both the Actus Reus and the Mens Rea of Assault or Battery must be established.

Question 8

Regarding §47, what constitutes ‘Actual Bodily Harm’?

Answer 8

• Any hurt or injury that is more than trifling and transient; which
• Interferes with the Victim’s health or comfort.

This may include psychiatric injury.

Question 9

What are the Elements of §20?

Answer 9

• Actus Reus : Maliciously wounding or causing GBH on another.
• Mens Rea : Intent or Recklessness as to harm, some of which must have been foreseen.
• Available Defences: Self-Defence, Intoxication, Consent.

Question 10

Regarding §20, what constitutes a ‘Wound’?

Answer 10

A break in the continuity of both layers of the skin.

Question 11

Regarding §20 and §18, what constitutes a ‘Grievous Bodily Harm’?

Answer 11

Really serious harm.

This may include psychiatric injury, but cause and effect would require proving through expert evidence.

Question 12

What are the Elements of §18?

Answer 12

• Actus Reus : Maliciously wounding or causing GBH on another.
• Mens Rea : Intent to cause GBH.
• Available Defences: Self-Defence, Intoxication, Consent.