Non-fatal offences cover crimes where harm is caused to another person but the victim does not die. They range from minor assaults to serious injuries. Most are found in the Offences Against the Person Act 1861 (OAPA) and the Criminal Justice Act 1988 (CJA).
In terms of seriousness, this page works backwards from least serious to most serious.
Definition: Causing another person to fear immediate unlawful violence.
Actus reus: An act causing the victim to apprehend immediate unlawful force.
Mens rea: Intention or recklessness as to causing that fear.
Case: R v Ireland [1998] – Silent phone calls can amount to assault if they cause fear of immediate violence.
Definition: The application of unlawful force to another person.
Actus reus: Applying unlawful physical force.
Mens rea: Intention or recklessness as to applying that force.
Case: Collins v Wilcock [1984] – Even minor touching can be a battery if it goes beyond everyday contact.
Assault and battery are often charged together as “common assault.”
Definition: An assault or battery that causes actual bodily harm to the victim.
Actus reus: Assault or battery that results in ABH (any injury more than “transient or trifling”).
Mens rea: Intention or recklessness for the initial assault or battery, no need to foresee harm.
Case:
R v Miller [1954] – ABH includes any injury that interferes with health or comfort.
R v Savage; Parmenter [1992] – No need to prove intention to cause harm, only intention for assault/battery.
Definition: Unlawfully and maliciously wounding or inflicting grievous bodily harm.
Actus reus: Wounding (breaking both layers of skin) or causing GBH (serious harm).
Mens rea: Intention or recklessness as to causing some harm (not necessarily serious).
Case:
R v DPP v Smith [1961] – GBH means “really serious harm.”
R v Savage; Parmenter [1992] – “Maliciously” means intending or foreseeing some harm.
Definition: Unlawfully and maliciously wounding or causing GBH with intent to cause GBH or resist arrest.
Actus reus: Same as s.20.
Mens rea: Specific intent to cause really serious harm or to resist lawful arrest.
Case: R v Belfon [1976] – Must prove intent to cause serious injury.