Non-fatal offences against the person in English law

Non-fatal offences against the person, under English law, are generally taken to mean offences which take the form of an attack directed at another person, that do not result in the death of any person. Such offences where death occurs are considered homicide, whilst sexual offences are generally considered separately, since they differ substantially from other offences against the person in theoretical basis and composition. Non-fatal offences against the person mainly derive from the Offences against the Person Act 1861, although no definition of assault or battery is given there.

Offences against the person include minor forms of battery (any unlawful touching of another person); its complementary offence, assault (causing the apprehension of a battery, even when one has not yet occurred); and various more serious offences which are based on assault and battery (together called "common assault"). This includes assault occasioning actual bodily harm, where the victim suffers injuries such as bruising or skin abrasions (the converse being an injury that is "transient and trifling"); wounding (a piercing of all layers of the skin); and causing grievous bodily harm (injuries more serious than in actual bodily harm, for example broken bones). The latter two offences may be committed "with intent", meaning there is an additional mens rea component that makes the defendant more culpable for their actions. Whilst recklessness is sufficient for most offences against the person – that the defendant foresaw the risk of the proscribed injury occurring without necessarily intending it to happen – this is insufficient for crimes of intent.


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