Non-fatal offences against the person is quite self-explanatory; they are offences against a person that don't result in death. It does, however, result in various degrees of injury.

This is a summary offence under common law. s39 of the Criminal and Justice Act 1988 has given courts the power to fine a maximum of £5000 or a prison sentence of up to six months. The Actus Reus of assault is any unlawful act which leads to the victim’s apprehension that something bad might happen to them. The acts can exted to.... words, actions or even silent phone calls. Case example - Ireland 1997 Assault occurred by silent phone calls. Assault occurred by silent phone calls. Assault occurred through the fear of violence. Correct words can also prevent an assault, like saying I will not hurt you. Case example - Tuberville v Savage 1669 Even though the defendant fulfilled the actus reus, his statement was held to remove the threat. The defendant has to either have the intention to cause another to apprehend the immediate application of unlawful force. Or recklessness, as to whether such apprehension is caused. The defendant must realise that the acts/words could cause another to apprehend unlawful violence.

This is a summary offence under common law. This offence is defined under common law and has the same penalties if proven guilty as assault. The actus reus of battery is the application of unlawful force to another. The application of unlawful force can occur without assault for example when the victim is hit in the back of his head. Any unlawful physical contact can amount to battery, such as slapping or pushing. There is no need to prove any harm or physical pain. Force does not have to be directly applied to the victims' body to count as battery; touching the victims' clothing can amount to it too - even if the victim didn’t feel a thing! Case example - Thomas 1985 It was stated that touching the bottom of a woman's skirt was enough. Case example - Fagan 1969 The defendant accidentally drove on the police officer's foot, but intentionally turned the engine off. The means rea of battery is exactly the same as the mens rea for assault.

It defined under s47 offences agains the person 1861. This offence is a triable either-way offence with a maximum penalty of five years imprisonment. The actus reus for ABH is caused by either assault or battery, but leads to injuries classed as ABH. It is necessary to prove the existence of assault or battery. ABH is hurt or injury which has disrupted the health or comfort of the victim - this was said in Miller 1954. Case example - R v DPP 2003 The victim lost consciousness after he was kicked. The defendant was convicted of ABH. Physical pain is not always the case; cutting someone’s hair, for example, was held to be ABH as said in DPP v Smith (2006) However, a substantial amount of hair has to be cut. The mens rea for ABH is exactly the same as the mens rea for assault.

It is defined under s20 offences agains the person 1861 This offence is a triable either-way offence with a maximum penalty of five years imprisonment. Grievous bodily harm offences are more serious and requires both a higher degree of injury and a higher degree of mens rea (relevant to the specific offence). The prosecution must prove that the defendant either wounded the victim or inflicted grievous bodily harm. Wounding means breaking the surface of the skin - internal bleeding is not a wound even if it is serious. Case example - Wood 1830 The defendant broke victims' collar bone but he wasn't guilty of wounding. Case example - JCC vs Eisenhower 1984 The defendant fired an air pistol which hit the victim in the eye, causing internal bleeding. It wasn’t classed as wounding as the surface of the skin was still intact. In determing whether or not GBH has been inflicted, the court can take into account the characteristics of the victim, such as age and health. Case example - R v Bollom 2003 A 17 month old baby suffered bruising to her body and it was ruled that it was GBH. Biological harm is accepted to be grevious bodily harm. Case example - R v Dica 2004 Defendant was HIV positive and infected two women with HIV without letting them know. Case of R v Burstow 1997 made it clear that the use of direct force was not necessary and inflict meant the same as cause. The mens rea of GBH is that the defendant had either intended to cause some harm or was subjectively reckless - this means there must have been some awareness of the risk of harm involved. Case example - R v Parmenter 1991 The defendant did not realise that the injuries might have happen, so his conviction was quashed and ABH was applied.

It is defined under s20 offences agains the person 1861 This offence is defined under section 18 offences against the person 1861 and the maximum penalty is a life sentence. The difference between section 18 and section 20 is that section 18 requires the intention to cause grievous bodily harm to someone.