ABSTRACT

This chapter describes the actus reus and mens rea of common assault, the actus reus and mens rea of occasioning actual bodily harm, the actus reus and mens rea of malicious wounding/inflicting grievous bodily harm, the actus reus and mens rea of wounding or causing grievous bodily harm with intent, and factors which may aggravate an assault. It analyses critically the law on non-fatal offences against the person. The chapter applies the law to factual situations to determine whether there is liability for non-fatal offences against the person. The actus reus of battery is the actual infliction of unlawful force on another person. The main offences are set out in the Offences Against the Person Act 1861 (OAPA). This Act merely tidied up the then existing law by putting all of the offences into one Act. Assault and battery are common law offences.