Non-Fatal Offences

Introduction

English law provides a **graduated ladder of non-fatal offences against the person**, ranging from the most minor unwanted touching to the intentional infliction of life-changing injury. This chapter works up the five rungs of that ladder — **common assault** (which in law covers two distinct offences, **assault** and **battery**), **assault occasioning actual bodily harm** under **s. 47 OAPA 1861**, **malicious wounding or inflicting GBH** under **s. 20**, and **wounding or causing GBH with intent** under **s. 18** — before turning to the defence of **consent**. Each rung is distinguished from its neighbours by the **seriousness of the harm** caused and by the **mental element** required.

Assessment focus

Non-fatal offences against the person are a core FLK2 substantive-offences topic and appear regularly as **single best answer questions (SBAQs)** set in realistic client scenarios. The examiners exploit the fact that the **1861 Act language has been heavily glossed** by case law: almost every expression ('maliciously', 'wound', 'grievous bodily harm', 'inflict', 'cause') has a judicial meaning that differs from its ordinary sense. The most heavily tested point is the **mens rea distinction between the rungs** — in particular that **s. 47** requires only the mens rea of the base assault/battery (*Savage; Parmenter*), **s. 20** requires foresight of **some** physical harm (*Mowatt*), and **s. 18** requires **intention** to cause GBH (or to resist arrest). This is a closed-book assessment: you must recall the actus reus, mens rea, leading authorities and maximum sentences from memory and **apply** them to the facts.

Study tips

1) Learn to **work up the ladder in order**: apprehension of force (assault) → application of force (battery) → more-than-trifling harm (s. 47) → wound or really serious harm (s. 20) → that harm **intended** (s. 18). 2) Master the **three different mens rea levels**: s. 47 = MR of the base offence only; s. 20 = foresight of **some** harm; s. 18 = **intention** as to GBH. 3) Remember the **definitions of art**: 'wound' = break in the **continuity of the whole skin** (*Eisenhower*); 'GBH' = **really serious harm** (*DPP v Smith 1961*); 'maliciously' = intention **or** recklessness (*Cunningham*). 4) Note that **'inflict' (s. 20) now means the same as 'cause' (s. 18)** since *Burstow* — so indirect infliction and psychiatric harm can be GBH. 5) For **consent**, work through the *Brown* line: consent is a defence to assault/battery only; for s. 47 and above the case must fall within a **recognised public-interest exception**; and check whether the consent was **real** (*Dica; Tabassum*).