There can be few criminal law exams that do not contain at least one question requiring consideration of the non fatal offences against the person. And,as questions most commonly raise issues of liability in respect of more than one of the offences it is important to know the relationship between them. In the table below the offences are arranged hierarchically in order of seriousness:
| Offence |
Actus reus |
Mens rea |
Max penalty |
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| Assault - s39 of the Criminal Justice Act 1988 |
Causing V to apprehend unlawful personal violence - e.g. D threatens to strike V |
Intending to cause V to apprehend unlawful personal violence or being reckless with respect to causing that |
6 months / £5000 fine |
| Battery - s39 of the Criminal Justice Act 1988 |
Inflicting unlawful personal violence on another - e.g. D punches V |
Intending to inflict unlawful personal violence on another or being reckless with respect to that |
6 months / £5000 fine |
| Assault (or battery) occasioning actual bodily harm - s47 of the Offences Against the Person Act 1861 |
As for assault or battery (above) plus V suffers actual bodily harm as a result of the assault or battery - eg D punches V causing V to fall and break his finger |
The same as for assault or battery (above) |
5 years' imprisonment |
| Malicious wounding - s20 of the OAP Act 1861 |
Wounding - e.g D stabs V |
Foresight that some harm might result |
5 years' imprisonment |
| Maliciously inflicting grievous bodily harm - s20 of the OAP Act 1861 |
Inflicting grievous bodily harm - e.g D hits V fracturing his skull |
As above |
5 years' imprisonment |
| Maliciously wounding with intent - s18 of the OAP Act 1861 |
Wounding - e.g D stabs V |
Intending to cause grievous bodily harm or intending to resist/prevent arrest |
Life imprisonment |
| Causing grievous bodily harm with intent - s18 of the OAP Act 1861 |
Causing grievous bodily harm - e.g D hits V fracturing his skull |
As above |
Life imprisonment |
Notes
The following is given as guidance to answering questions raising the above offences.
If V did not suffer an injury.
Neither assault nor battery require that V suffers an injury. The remaining offences do. So if it is clear from the facts of the question that V suffered no injury then your discussion should be restricted to liability for assault and/or battery.
If V did or may have suffered an injury.
If D has caused V to suffer a serious injury then consider liability under s18 and/or s20. But note that if D lacked or may have lacked the mens rea for both those offences then liability for s 47 should also be considered.
If D has caused V to suffer a non serious injury ( and not a wound ) then consider liability under s 47 only.
If V has suffered a wound, whether serious or not, then consider liability under s 18 and/or s 20. But as above note that if D lacked or may have lacked the mens rea for both those offences then liability for s 47 should also be considered.
Important: Examiners often do not disclose the extent of injuries sustained by V. This is done deliberately. In such cases you are required to explain the alternative outcomes depending on the level of injuries sustained. You should provide alternative answers starting with a consideration of liability for the most serious offence consistent with the disclosed facts. Always work up the table. That is, if the extent of injuries is not disclosed you should consider liability for the offences contrary to s18 and s20 and then for an offence contrary to s47.
But, as always, use your common sense. If the examiner says that D hit V several times over the head with a hevy hammer then, even if the injuries are not disclosed, it is probably safe to assume that V suffered serious injuries.
Bodily harm
Bodily harm is not restricted to harm to the 'skin, flesh or bones' and includes psychiatric injuries.
Actual bodily harm. The CPS charging standards give examples of injuries which would normally be charged as actual bodily harm. These include: loss or breaking of tooth or teeth; extensive or multiple bruising; displaced broken nose; minor fractures; minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. a cut needing stitches).
Grievous bodily harm. It is not necessary that the injuries are life threatening. The CPS charging standards give the following examples. Injury resulting in permanent disability or permanent loss of sensory function; injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull; compound fractures, broken cheek bone, jaw, ribs, etc; injuries which cause substantial loss of blood, usually necessitating a transfusion; injuries resulting in lengthy treatment or incapacity; serious psychiatric injury.
Mens rea
Again, the examiner, deliberately, may not have disclosed the intent with which D acted. If that is the case, explain the alternative outcomes. Thus, if the question states that D caused V a serious injury but does not disclose his intent then you should explain what is required for a conviction under s 18 and a conviction under s 20. If there is a possibility that neither mens rea requirement is satisfied, the ingredients of liability for an offence under s 47 should be explained.
Mens rea of s 47 Note that this offence requires no more than the mens rea of an assault or a battery. You should make it clear to the examiner that you know that there is no need to prove that D intended or was reckless as to causing actual bodily harm. [Savage; Parmenter [1991] 4 All ER 698]Mens rea of s 20 This offence requires proof that D foresaw that some harm might result from his actions. You should demonstrate to the examiner that you understand that it is not necessary to prove that D was aware that serious bodily harm would result. [Savage; Parmenter [1991] 4 All ER 698; Mowatt [1968] 1QB 421]
Mens rea of s 18. There are six forms of this offence. Note that with both 'malicious wounding with intent to do gbh' or 'maliciously causing gbh with intent to do gbh' the element of maliciousness is redundant and incorporated within the requirement of intention to do gbh. Intention to do gbh and intention alone will suffice. With the four remaining variants of the offence, in addition to an intention to resist or prevent lawful arrest it must be proved that D foresaw that harm would result. It is not clear whether D must have foreseen grievous bodily harm or whether foresight of any harm will suffice. [Morrison (1989) Cr App R 17;Bryson (1985) Crim L.R. 669]
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