ABSTRACT
The focus of this chapter is what might be called the ‘mainstream’ non-fatal offences against the person, such as causing grievous bodily harm, malicious wounding, actual bodily harm, assault and battery. The most significant sexual offences are also considered. Certain aggravated forms of assault, such as assault upon a police officer in the execution of his duty contrary to s 89(1) of the Police Act 1996, fall more appropriately within the ambit of constitutional law and are thus beyond the scope of this text. It will be recalled that, for murder or manslaughter to be committed, the victim must be a ‘reasonable creature in rerum natura’, that being interpreted to mean a human being having taken one breath independently from his mother (see Chapter 6). The ratio of AG’s Reference (No 3 of 1994) (1996), to the effect that a foetus or child capable of being born is to be regarded as part of the mother until it had a separate existence of its own, has implications for this area of law. The foetus not being regarded as a ‘person’ in law cannot therefore be the subject victim of an assault or battery. However, if the foetus is to be treated as part of the mother, then any attack directed at the foetus is, ipso facto, to be regarded as an attack against her and should be charged accordingly depending on the severity of the consequences and the mens rea of the accused.
