ASSAULT BATTERY S47 OAPA 1861- ASSAULT OCCASIONING
ACTUAL BODILY HARM (ABH)
Common law offence but it is charged under S39 of the Criminal Common law offence but it is charged (as a “technical assault”) like Statutory offence. The AR and MR are set out in the statute but have
Justice Act 1988 (as is battery). assault under S39 of the Criminal Justice Act 1988 been explained/clarified by the common law (many cases)
Actus Reus Actus Reus Actus Reus
Causing the victim to apprehend the infliction immediate
The infliction of unlawful force. ASSAULT (usually battery first) which CAUSES ACTUAL
unlawful personal violence (force)
There does have to be application of some force although it can be BODILY HARM
There does not have to be any direct physical contact/force or injury.
very minor and does not have to actually cause any injury. (1) There has to be an assault or battery first (mention this in
The V just has to believe that some is about to be carried out.
Collins v Wilcock tells us that the “merest” or “slightest” touch will Section B’s) which has caused V actual bodily harm.
It could be a near miss, words, letters or silence .Ireland- D was
suffice for a battery. (2) Actual bodily harm is not defined in the act.
guilty of assault when he made numerous silent phone calls to V.
Thomas tells us/shows that the touch can be to clothing (touching Miller says that it is any injury or hurt which interferes with the
Constanza- D sent 800 letters to V. Smith v Woking Police- D was
skirt here was sufficient for a battery). health or comfort of the victim which must be more than
guilty of an assault when he stood outside V’s bedroom window
For battery the touching must be hostile (unwanted). transient (last more than a moment).
staring at her. Logdon- D showed V a fake gun in a drawer- being a
The force or touching can be indirectly applied as shown in the case Chan Fook said it has be more than insignificant and can be
fake was no defence as it had caused V to apprehend immediate
of DPP v K where a school boy hid acid in a hand dryer for later but both physical or psychological harm (which has to be more than
unlawful force- she did not know.
was guilty of battery when a pupil using the drying was sprayed with simply emotions like fear, anger, distress).
It’s not an assault if V is unaware i.e. D brandishes a weapon behind
it. Smith- tells us that it can include cutting hair without consent
their back. It is not an assault if V has no apprehension of immediate
Can include kissing, sprinking water and kissing. provided it’s a reasonable amount- a pony tail here.
personal violence as shown in Lamb where D was not guilty of
Since Santa Bermudez technical assault (battery) can be committed (3) Occasioning means “cause”.
assault because neither D nor V believed the gun was loaded
by omission too.
(revolver) & it was a game.
Tuberville v Savage- words can actually negate/cancel out an
assault- D said that if it was not a time when the judges were in town,
he would have struck V with his sword.
Mens Rea Mens Rea Mens Rea
Intentionally or recklessly causing V to Intentionally or recklessly applying unlawful Intentionally or recklessly do the AR of either
apprehend the infliction of immediate unlawful force. of the original offences of assault or battery.
personal violence (force) It is again direct intention and subjective recklessness. (so D must either intend or be reckless about
Intention would be direct intention as defined in Mohan as Venna has confirmed that this is the MR of battery causing V to apprehend immediate personal
the decision to bring about a particular consequence. violence/infliction of unlawful force)
Recklessness would be subjective recklessness as explained It is again subejective recklessness (Cunningham) and intention (as
in Cunningham (D is aware of a risk of causing V to defined in Mohan)
apprehend/fear/expect immediate personal violence, but still D only has to have the MR for the original offence and does not have
goes ahead and runs the risk. to intend or have any foresight (foresee) the level or harm/injury. This
can be seen in the cases of Roberts where D intended to touch a
hitch hikers coat (battery) but he did not foresee that she would jump
out of the car sustaining ABH. In Savage-D intended to throw the
beer onto V (battery) but did not foresee that the glass might slip out
of their hand injuring V.
Procedure & sentencing Procedure & sentencing Procedure & sentencing
Summary offence Summary offence Either way offence (TEW offence)
Maximum sentence is 6 months. Maximum sentence is 6 months. Maximum sentence is 6 months in Magistrates but 5 years in
the Crown.
Type/level of injury Type/level of injury Type/level of injury
Fear or apprehension of violence- no requirements of any Includes touching where no injury/harm occurs( or very Someone was either scared or actually touched but
harm/injury or physical contact. very minor) sustained a more serious level of harm. Minor fractures
(nose, finger, toe which are not displaced, loss of a tooth,
scrapes and grazes (which break the outer but not all 7
layers of the skin), pain lasts more than moments but there’s
no serious or permanent damage.
ACTUAL BODILY HARM (ABH)
Common law offence but it is charged under S39 of the Criminal Common law offence but it is charged (as a “technical assault”) like Statutory offence. The AR and MR are set out in the statute but have
Justice Act 1988 (as is battery). assault under S39 of the Criminal Justice Act 1988 been explained/clarified by the common law (many cases)
Actus Reus Actus Reus Actus Reus
Causing the victim to apprehend the infliction immediate
The infliction of unlawful force. ASSAULT (usually battery first) which CAUSES ACTUAL
unlawful personal violence (force)
There does have to be application of some force although it can be BODILY HARM
There does not have to be any direct physical contact/force or injury.
very minor and does not have to actually cause any injury. (1) There has to be an assault or battery first (mention this in
The V just has to believe that some is about to be carried out.
Collins v Wilcock tells us that the “merest” or “slightest” touch will Section B’s) which has caused V actual bodily harm.
It could be a near miss, words, letters or silence .Ireland- D was
suffice for a battery. (2) Actual bodily harm is not defined in the act.
guilty of assault when he made numerous silent phone calls to V.
Thomas tells us/shows that the touch can be to clothing (touching Miller says that it is any injury or hurt which interferes with the
Constanza- D sent 800 letters to V. Smith v Woking Police- D was
skirt here was sufficient for a battery). health or comfort of the victim which must be more than
guilty of an assault when he stood outside V’s bedroom window
For battery the touching must be hostile (unwanted). transient (last more than a moment).
staring at her. Logdon- D showed V a fake gun in a drawer- being a
The force or touching can be indirectly applied as shown in the case Chan Fook said it has be more than insignificant and can be
fake was no defence as it had caused V to apprehend immediate
of DPP v K where a school boy hid acid in a hand dryer for later but both physical or psychological harm (which has to be more than
unlawful force- she did not know.
was guilty of battery when a pupil using the drying was sprayed with simply emotions like fear, anger, distress).
It’s not an assault if V is unaware i.e. D brandishes a weapon behind
it. Smith- tells us that it can include cutting hair without consent
their back. It is not an assault if V has no apprehension of immediate
Can include kissing, sprinking water and kissing. provided it’s a reasonable amount- a pony tail here.
personal violence as shown in Lamb where D was not guilty of
Since Santa Bermudez technical assault (battery) can be committed (3) Occasioning means “cause”.
assault because neither D nor V believed the gun was loaded
by omission too.
(revolver) & it was a game.
Tuberville v Savage- words can actually negate/cancel out an
assault- D said that if it was not a time when the judges were in town,
he would have struck V with his sword.
Mens Rea Mens Rea Mens Rea
Intentionally or recklessly causing V to Intentionally or recklessly applying unlawful Intentionally or recklessly do the AR of either
apprehend the infliction of immediate unlawful force. of the original offences of assault or battery.
personal violence (force) It is again direct intention and subjective recklessness. (so D must either intend or be reckless about
Intention would be direct intention as defined in Mohan as Venna has confirmed that this is the MR of battery causing V to apprehend immediate personal
the decision to bring about a particular consequence. violence/infliction of unlawful force)
Recklessness would be subjective recklessness as explained It is again subejective recklessness (Cunningham) and intention (as
in Cunningham (D is aware of a risk of causing V to defined in Mohan)
apprehend/fear/expect immediate personal violence, but still D only has to have the MR for the original offence and does not have
goes ahead and runs the risk. to intend or have any foresight (foresee) the level or harm/injury. This
can be seen in the cases of Roberts where D intended to touch a
hitch hikers coat (battery) but he did not foresee that she would jump
out of the car sustaining ABH. In Savage-D intended to throw the
beer onto V (battery) but did not foresee that the glass might slip out
of their hand injuring V.
Procedure & sentencing Procedure & sentencing Procedure & sentencing
Summary offence Summary offence Either way offence (TEW offence)
Maximum sentence is 6 months. Maximum sentence is 6 months. Maximum sentence is 6 months in Magistrates but 5 years in
the Crown.
Type/level of injury Type/level of injury Type/level of injury
Fear or apprehension of violence- no requirements of any Includes touching where no injury/harm occurs( or very Someone was either scared or actually touched but
harm/injury or physical contact. very minor) sustained a more serious level of harm. Minor fractures
(nose, finger, toe which are not displaced, loss of a tooth,
scrapes and grazes (which break the outer but not all 7
layers of the skin), pain lasts more than moments but there’s
no serious or permanent damage.
