Offence against the person

Batter, Assault, ABH, GBH s20, GBH s20



  • Section 39 criminal Justice Act 1988
  • AR- Unlawful touching- includes touching clothes- R v Thomas- fetish of rubbing girls skirts- indecent Assault
  • Booby trap is included- don't need to personally touch the victim- R v Martin
  • MR- Basic intent and subjective Recklessness
1 of 5


  • Fear of immediate unlawful force- 'get him'- turns to battery when the act is taken up
  • AR- Acts or words- Constanza- 800 letters, R v Ireland, R v Lamb- pointing a loaded gun when they know its loaded cannot be assualt no mens rea, Longdon- apprehends assault, Smith v Chief SI of Woking - Assault can be through a window, Tuberville v Savage- not immediate fear
  • MR- Intention to cause other immediate unlawful violence or subjective recklessness
2 of 5


  • Section 47 offence against the person act 1861- 5 years imprisonment
  • AR- Assault or battery that uses ABH- R v Ireland and Chan Fook- psychiatric illness
  • R v Roberts- girls jumped out of car, R v Donovan- any hurt or injury- minor broken bones or bruises
  • MR- Basic Intent or subjective recklessness- R v Cunningham- R v Savage- had intention to apply unlawful force.
3 of 5

GBH section 20

  • GBH section 20 Offence Against the Person Act 1861
  • Maliciously inflicting GBH
  • AR- R v Wilson- Inflicting- doing something directly resulting in force,R v Martin- Indirect, DPP v Smith-Really serious harm, R v Dica- Biological GBH (HIV), R v Bollam-Children have a different pain threshold to adults
  • MR- Basic Intent or subjective recklessness as to some harm- R v Cunningham
4 of 5

GBH section 18

  • Causing GBH or wounding with intent- Life
  • AR- Direct application of force (Wilson) Indirect will not suffice (R v Martin), DPP v Smith- really serious harm, R v Dica- Biological GBH, R v Chan Fook- psychiatric illness
  • MR- specific (more than 1 motive) intent as to serious harm. Recklessness is insufficient for the defendants liability.
5 of 5


No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »