ASSAULT (A.R = actus reus) (M.R = mens rea)
Summary offence - magistrates court - max sentence of 6 months or £5,000 fine
A.R - to cause the victim to apprehend, immediate, unlawful personal violence
it does not matter if the victim is actually in danger, as long as he/she thinks he is (Logdon v DPP)
Words can also be an assault - as can silence (R v Ireland) but words can also negate an assault (Turberville v Savage)
courts interpret the concept of immediacy quite widely, taking it to mean 'at some point in the future' (Fagin v Superintendant of Woking Police)
M. R - intention or subjective recklassness.
Also known as the Cunningham recklassness - this means that the defendant is aware of the risk but goes ahead regardless
BATTERY (A.R = actus reus) (M.R = mens rea)
Summary offence - magistrates court
A.R - infliction of unlawful personal violence. There will often also be an assault and this is known as a common assault
Hostility is a necessary ingredient (Brown and others)
'Violence' is misleading - D has to touch V without lawful excuse - this can include clothes (R v Thomas)
Battery can be indirect as in R v Martin or Fagin v Metropolitan Police Commissioner
M.R - intention or subjective recklassness as to the infliction of unlawful personal violence.
ABH (A.R = actus reus) (M.R = mens rea)
Defined in s.47 of the Offences Against the Persons Act 1861 -
Either way offence - max sentence of 5 years
It is defined in R v Miller as 'any hurt or injury calculated to interfere with the health or comfort of the V provided it is not 'merely transient or trifling''
Psychological harm can apply but must more than 'mere emotions' (R v Chanfook)
A.R - assault or battery causing actual bodily harm
M.R - intention or recklassness as to the application if unlawful force - not necessary intend the actual injury which occured
this is illustrated in R v Savage - D intended to throw drink at V (battery), so mens rea was sufficent for the cut wrist which actually occured.
S.20 WOUNDING/GBH (A.R = actus reus) (M.R = mens r
Malicious wounding/GBH is defined in s.20 OAPA 1861
A.R of wounding - all layers of skin to be broken (C v Eisenhower)
A.R of GBH - defined as 'really serious harm' (R v Saunders)
GBH can be biological (R v Dica)
M.R - intention/recklassness as to some harm
Illustrated by R v Grimshaw - D convicted when punched V and glass went into face causing serious injury - intended some harm if not neccessarily the serious injury so the mens rea was present.
S.18 GBH WITH INTENT (A.R = actus reus) (M.R = men
GBH with intent is defined in s.18 OAPA 1861
Indictable offence - crown court - max sentence of life
A.R - to wound or inflict serious harm (GBH) as in s.20
M.R - specific intent to cause the wounding/GBH (R v Woolin/R v Nedrick).
The use of a weapon will make intention easier to prove/establish
There is also an offence here of intent to resist unlawful arrest - to make attacks on law enforcers more serious as a matter of policy