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Non Fatal Offences Against The Person Notes

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Non-fatal offences against the person

Common assault - assault/ battery - s39 CJA 1988 Assault occasioning ABH - s47 OAPA 1861 Inflicting GBH/ malicious wounding - s20 OAPA 1861 Causing GBH/ wounding with intent - s18 OAPA 1861

Common assault under s39 CJA:

An assault is committed when D intentionally or recklessly (Cunningham) causes V to apprehend imminent force (Ireland), e.g. D drives at V or acts so as to appear to V to be on the verge of violence - crime does not cover threats of future violence, so courts have adopted flexible approach to immediacy requirement (Smith) - words alone may amount to assault or indeed prevent an act amounting to assault (Tuberville) Battery if any act or omission by which D intentionally or recklessly inflicts unlawful personal force upon V - force must actually be inflicted, as opposed to merely threatened, e.g. a punch, kiss, throwing something that lands on another person's body - need not be an injury - touching need not be hostile (Brown) - broad but an exception is made for 'all physical conduct which is generally acceptable in the ordinary conduct of daily life' (Collins v Wilcock) - crime may be committed by omission (Bermudez) - crime may be committed indirectly (Martins)

Assault occasioning ABH under s47 OAPA:

Harm required is ABH (Smith, Miller, CPS Charging Guidelines). While this is more serious than mere apprehension of violence or touching, it has been held that any injury may suffice as long as it was not "so trivial as to be wholly insignificant" (Chan Fook). This includes diagnosed psychiatric injuries, mere emotions such as fear, distress or panic do not qualify. A common assault must cause ABH (Ireland, Burstow). The MR for this offence is identical to that required for common assault; to convict, it need only be shown that

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