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Assaults- actusreus

breakingboth layers of the skin or "grievousbodily harm'. DPP v Smith [196U "grievousmeans no more and no lessthan 'really serious"', R v Saunders [1985] the word "seriously"could safely be omitted, R v Janiua (1998); R v Choudhury (1998) the trialjudge should decidewhether or not to include "really" R v Brown & Stratton lL99Bf whether the injury amountsto grievousor merely actual bodily harm is to be judged objectively accordingto the standards of ordinary usage and experience. Grievous Bodily Harm with intent Sections 18

SectionlS: "Whosoevershall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person or with intent to resist or prevent the lawful apprehensionor detainer of any person,shall be guilty of an offenee,and being csnvicted theresf shall be liable to imprisonmentfor life" Thereare four offencesunder this section: (a) Woundor (b) causeany grievousbodilyharm to any person with intent to do somegrievousbodily harm to any person and , or with intent to resist or prevent the lawfulapprehension or detainerof any p e rs o n . . . CPS Code Section 18 The greater rnens rea requirement in section 18 means that it should be reserved for the more serious cases,as where there is: a repeated or planned attack; deliberate selection of a weapon or adaptation of an article to cause injury, such as breakinga glassbefore an attack; making prior threats; or using an offensive weapon against, or kicking,the victim's head. Note also that the ulterior intent in section 18 may consist of an intent to resist or prevent the lawful apprehensionor detainer of any person,and in these easesthere must obviously be evidence of such an intent.

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Assaults - actus reus and mens rea

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lINex t] Assault and battery Two separate and distinct offences

CommonAssault Sec 39 Criminal Justice Act 1988

r An assault is any act by which someone, intentionally or recklessly, causes another person to apprehend immediate and personal violence. Faaan v MPC

Battely, Sec 39 Criminal Justice Act 1988

o Any intentional or reckless touching of another person without the consent of that person and without lawful excuse. R v Brown (L993) HL The force may be the merest touch. Usualfor both to occur at the same time. No assault if 'victim' is unaware before battery takes place. E.g. threat behind a person'sback. Lawful excuse can include: Parentalauthority, Self-defence.

Assault Occasioning Actual Bodily Harm (AOABH) Offences Against the Person Act 1861 Soction 47 Offences Against the Penson Act 1861

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r Provides that it is an offence to commit '... any assault occasioning actual bodily harm...' CPSguidelines= Lessthan GBH and any degreeof bodily harm is enough.

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AssaulG- actusreusand mensrea

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Guilty of ABH but not Sec 29 wounding

Ireland. R v lL998J HL

[Assault ABH - no need to show injury is foreseeable - strict liability - different in Sec 2Ol Thrcats were rnadeby letter or by telephone. D need not intendor foresee- nor have any reasonto foresee- that V will suffer psychiatricinjury. Brt the rnensrea for ABHis establishedif D intendsor forcseesthat V nty be frightened into apprehending irrrrediateviolence - just the assault (or battery).

Wounding IGBH without intent (section 2O) Section 2O

Unlawfuland nuliciouswounding or inflicting any grievousbodilyharmuponany person,eitherwith or withoutany weaponor instrument.No intent required. Two offences o Seriousbodilyharmor o breakingthe skin (a wound). A bruise,bum or scratch is not a wound nor the breakingof a bone if the skin not broken. Beedingfrcm the woundis necessary.

Actus reus requires a wound or inf,iction of GBH

[Actus rcus] Woundingrequircsthe brcakingof the continuityof the whole of the skin (demis and epidermis)or the breakingof the innerskin within the cheelg lip or urcthra (Smith (1837) and Waltham (1849). It does not includethe rupturingof internalblood vessels QJC (A Minor) v EisenhowerU983J).

GPSCharying Standards

[Actus rcus] Evena pin pricknay qualify,but the Charging Standards will not allow for nfnor wounds.

Grievous bodily harm is not defined

[Actus reusJ GBHhas been intetpretedas nreaningno rpre and no less than realfyseriousharm (DPPv Smith L796I1; Cunningham[1981]; cf. Saunders[19851). The ChargingStandardslists exanples. Psychiatricinjury or illnessrnay involve really serious harm (R v lreland U9987 HL) but its cause and effect

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Assaults- actusreusand mensrea will need to be proved as above for ABH.

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'Inflict'means much the same as 'cause'.

[Actus reus] In lrelandt19981HL LordSteyn, heldthat harmcould be inflictedwithout an assault.

Tlrere is no need for an 'assault' in Sec 2O

'Cause'and'inflict'nrcanmlch the sarne.

'Qausing'and 'Inflicting'GBH

[Actus reus]

GBHcan be inflictedby nnans of nenacingtelephone calls which gave rise to seriouspsychiatricinjury' whether or not the injury was causedby fear of inrrinent physicalattack. (Ireland) Lord Hopesaid there was no real practicaldifference betweenthe two words LordSteyn and LordHopeboth appearto have stoppedjust shoft of ovemrlingthe authorityof Clarence(t888\, where grievousbodily harm was caused,but not inflicted. (D without waminghis wife infectedher with a venerealdisease)but Clarencecan no longersafelybe reliedupon (see now, Drca(2003).

Sec 2O requircs 'maliciously'.

[Mens rea] rneansintentionallyor recklessly.To do Maliciously is subjective sorre kind of bodily harm. Recklessness sense. in the Cunningham

The harm intended or foreseen

[Mens rcaI D need not intendor foreseethe causingor inflicting of a wound or grievousbodilYharm To foreseethat ninor injury"might" occur will suffice (Mowatt 119681and Sullivan [19811&DPP v A (2 000) ) . If D was unawar€that his conductmightcauseany injury at all (SavaaeLL992Dthere is no mens reauntessvoluntaryintoxicatedbecauseit is a crinreof basicintent.

WoundinglcBH with intent (section 18) ndo/o2OSetti... frle', I I I C:I DacumentsYo20a

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the prosecutor. Such hurt or injury need not,be permanent, but must, no doubt, be more than merely transient and trifling." Crown Prcsecuting charying Standards

[Actus Reus] ABHincludesnfnor cuts and bruises,althoughthe ChargingStandardsagreedbetweenthe policeand the CPSdo not endorcethe bringingof s. 47 charges in the absenceof npre seriousinjuries,such as brokenteeth, extensivebruisingor cuts etc., which requirerredicaltreatnent.

Includes Psychiatric injury

[Actus Reus] Psychiatricinjurythat is rncrethan nrerefear or anxiety is included(Chan-FookLt9947 and lreland l 1 9 9 Br ) . Psychiatricinjury is nonnallycausedby assault,rather than by any battery. Injury m;st be prcved by expeft psychiatricevidence (Chan-Fook) and proofthat D'sassaultcausedthe injury.

Includes biological injury

In R v Dica t20031the infecting of two wornenwith AIDSwas heldto amountto GrievousBodilyHarm. This rendercthe case of R v Clarence(1888) to be bad law.

Mens nea same as for assault or battery

[Mens rca] The causingof actual bodilyharm requiresno additionalrrens rea.

Savage Rv tt992J HL ff injury is caused, it need not even be prowed that the injury was foreseeable, because this element of the offence is one of strict liability.

fAssault ABH - no need to show injury is foreseeable - strict liability - different in Sec 2Ol D ained to throw the contents of a beer glassover V, but inadvertentlyallowedthe glassto slip from her hand injuringV. Held: A convictionfor rnalicious woundingcould not be sustainedin the absenceof proof that D had at least foreseenthe possibilityof injury to V. Thrcwingbeer over V was an intentionalassault- in fact deed a battery - and that sanreassaulthad resultedin V's injury.

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Must involve an assault or battery, must be foreseeable

[Actus Reusl Assault or battery must occasion (i.e' caused) the victim actual bodily harm. Such injury cannot ordinarily be consentedto. As long as there was a direct assault or battery, it does not matter if the bodily harm was suffered indirectly.In Roberfs(1971) D assaulteda young woman in his car, and frightened her to the extent that she leapedfrom it to escapewhilst it was still in motion; she sufferedinjuries as a result. Guilty and StephensonU said "The test is: was [her injury] the natural result of what [D] said and did, in the sense that it was something that auld reasonably have been foreseen as the consequenceof what he was saying or doing."

H v Director of Public Prosecutions 12A071 DC

D, with others, attackedV. D causedan injury when he forced the victim to the ground, it was inconceivablethat the victim striking his head on the kerb had not causedany injury. V suffered other injuries. Held: When determiningwhether the defendantwas guilty of assaultoccasioningactual bodily harm, it was not necessaryfor justices to identify the particular injury that had been causedprovided that they were satisfied that some injury had been caused by striking the victim. Guilty

Any iniury calculated to interfere with health and comfort

[ Back lINe x t] [Actus Regs] Actual Bodily Harm meansany injury which is 'calculatedto interfere with the health or comfort of the [victiml' (R v Donovan per Swift J). "For this purpose we think that "bodily harm" has its ordinary meaning and includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor. Such hurt or injury need not be permanent, but must, no doubt, be more than merely transient and trifling."

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Assaults- actusreusand mensrea

Section 18

Whosoevershallunlawfullyand rnaliciously by any reans whatsoeverwound or cause any grievous bodilyharmto any personwith intent to do sotre grievousbodilyharmto any percon,or with intent to resistor preventthe lawfulapprehension or detainer of any person,shallbe guilty of [an offence], and beingconvictedthereof shallbe liableto Iirprisonrrent] for life.

Four difierent forms

'Wound'and 'grievous bodily hatm'

woundingwith intent to do grievousbodily harm; causinggrievousbodilyharmwith intent to do so; rmliciouslywoundingwith intent to rcsist or preventthe lawfulapprehension etc. of any person;or nnliciouslycausinggrievousbodilyharmwith intent to resistor prevent lawfulapprehension etc. of any penson. [Actus neus same as section 2O] Dscussedabove in the context of the decisionin Ireland lt9991 There is no significantdifference between'causing'injuryin casesunders.18nnd 'inflicting'injury in cases unders.20. This nreansthat the actus rcus elernentsof the two offences are for rnst purposesthe saffE.

The differcnce lies in the specific intent rcquircd under s.18,

[Mens rca] If D acted with intent to do grievousbodilyharm,the concept of rnaliciousness is renderedotiose (Mowatt

Where 'maliciously'is relevant.

[Mens rea] WhereD nerely intendedto resist arrest etc., (intention- recklessness 'rnaliciousness' - foresight) needsto be proved.

r-1e681).

So if D pullsfrce frcm a PCwho is anesting him and does not foreseethat the PCwould be injured,he has not acted rnaliciously and coulfl not be convicted unders.18. If he intendedor foresaw thqfi he would cause sorre nfnor injury, he would have acted nuliciously. The arrest or detention rnrst be lawful (Howafth (1828)). file:I I I C:I Dxumenbo/o20a ndolo2OSetti...

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Assaults- a readyreckoner

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Assault Section39 CriminalJusticeAct 19BB An assaultis any act by which someone,intentionallyor recklessly,causesanother personto apprehendimmediate and personalviolence."Commonassaultand battery shall be summary offencesand a personguilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceedingsix months, or to both."

Battery Section39 CriminalJusticeAct 1988 Any intentional or recklesstouching of another persn without the consent of that person and without lawful excuse.

Assault Occasioning Actual Bodily Harm Section 47 OffencesAqainst the PersonAct 1861 Whosoevershall be convicted upon an indictment of any assaultoccasioningactual bodily harm shall be liable . . . to [imprisonmentfor five years]. llYounding or inflicting GBH Section 20 OffencesAqainst the PersonAct 1861 Whosoevershall unlawfully and maliciouslywound or inflict any grievousbodily harm upon any other person,either with or without any weaponor instrument, shall be guilty of [an offencel, and being convicted thereof shall be liable to [imprisonment for not more than five years] Wounding or causing GBH with intent Section 18 Offences the PersonA6,n861 Whosoevershall unlawfully and maliciouslyby dhy means whatsoever wound or cause any grievome-fodilyharm to any

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Assaults- a readyreckoner

personwith intent to do some grievous bodily harm to any person,or with intent to resist or prevent the lawful apprehensionor detainer of any person,shall be guilty of [an offencel, and being convictedthereof shall be liable to [imprisonment]for life. vlens 4ens to what :ear of immediate 3y words/actions; tntention/ riolence )irect or indirect lecklessness v MPC A/ilson -aoan 'Applicationof .ntention/ 3y application of 'orce Venna) lecklessness brce; )irect or indirect )rown \ssault Occasion .ntention/ .No more needed :han the assaultor {ecklessness icausing[objective )attery Savage) Robertsl riew njury by assault ncludes battery -rtfle & Lvndsev) ino battery recessry ionstanza and 'reland) ,... any hurt or njury calculatedtc nterfere with the realth or comfort .. Miller'l fi/ound iMaliciouslymeanslnflict some 'intention or rhysicalharm 3y battery t4owatt 'ecklessness" iunninaham) [and subjective oresight of :onsequences t4owatt and iavaoe\ nflict some harm (cause) !4aliciously tnflict or 3B H; [intention recklessness) [Inflict and cause iunningham lave same neaning Lord lope in Burstow)

\ctus iec 39 Assault

iec 39 Battery

3ec 47 \BH

iec 20 A/ounding

iec 20 3BH

) does not have to rave the mens to :ause specific njury, namely ;he.....

SpecificABH Injury

ipecific Wounding

ierious harm

[Assaultnot necessaryWilson) fApplicationof torce not now requirede.g. 3SCaOeCaSeS,

*alkinq cases)

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Assaulg- a readyreckoner

(inflict)

BH Assault not

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ndingwith ntent to do

sing grievous now required ily harm with .9. escapecases, ntent to do so ng cases y cause nflict and ctuse bodily same arm with intent ing;Lord resist arrest etc. in Burstow)

does require mens rea the 4 offences Sect 18 each a specific

nt. some harm.

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