What are the five non-fatal offences against the person, and how do their actus reus and mens rea escalate?
The non-fatal offences against the person: assault and battery (common law), assault occasioning actual bodily harm (s47), malicious wounding or inflicting grievous bodily harm (s20), and wounding or causing grievous bodily harm with intent (s18) under the Offences Against the Person Act 1861.
An Eduqas A-Level Law guide to the non-fatal offences against the person. Explains assault, battery, s47, s20 and s18 of the Offences Against the Person Act 1861, their actus reus and mens rea and the leading cases, with worked scenario answers and the AO2 application the paper rewards.
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What this dot point is asking
Eduqas criminal law requires you to know the five non-fatal offences against the person, arranged as a ladder of increasing seriousness: assault and battery at common law, then section 47, section 20 and section 18 of the Offences Against the Person Act 1861. The skill is to match each act in a scenario to the right offence and apply its actus reus and mens rea for AO2.
The answer
Assault and battery
Section 47: assault occasioning actual bodily harm
Section 47 of the Offences Against the Person Act 1861 makes it an offence to commit an assault or battery that occasions actual bodily harm (ABH). ABH is harm that is more than transient and trifling (Miller); it includes bruising, a black eye, broken teeth and recognised psychiatric injury (Chan-Fook), but not mere emotions. The mens rea is the same as for the assault or battery: the defendant need not intend or foresee the ABH itself (Savage; Parmenter). It is an either-way offence with a maximum of five years.
Section 20: malicious wounding or inflicting GBH
Section 20 makes it an offence to unlawfully and maliciously wound or inflict grievous bodily harm. The actus reus is a wound (a break in both layers of the skin, JCC v Eisenhower) or grievous bodily harm, meaning really serious harm (DPP v Smith; the victim's age and health may be relevant, Bollom). The mens rea ("maliciously") requires intention or recklessness as to some (not serious) harm (Mowatt; Parmenter). It is either-way with a maximum of five years.
Section 18: wounding or causing GBH with intent
Examples in context
A strong answer never treats a scenario as one offence: it splits the facts and climbs the ladder act by act.
Try this
Q1. Explain the actus reus and mens rea of the offence under section 47 of the Offences Against the Person Act 1861. [10 marks]
- What the marker wants. Precise AO1: an assault or battery (the actus reus) occasioning actual bodily harm (more than transient and trifling, Miller; includes psychiatric harm, Chan-Fook), with the mens rea being only that for the assault or battery (Savage).
Q2. During a robbery, Liam slashes a guard's arm with a knife, leaving a deep wound, intending to stop the guard chasing him. Advise on Liam's liability for the non-fatal offences. [20 marks]
- Cue. An AO2 application: a wound (Eisenhower) supports s20 or s18; the specific intent here (to resist or prevent his arrest, with recklessness as to harm) points to section 18 (Belfon, Morrison), so conclude on the most serious offence the facts support.
Exam-style practice questions
Practice questions written in the style of WJEC Eduqas exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Eduqas Component 2 2022 (scenario)20 marksIn a queue, Sam raises his fist at Tara, who flinches; he then punches her, giving her a black eye and a deep cut needing stitches. Intending to teach her a lesson, he stamps on her hand, breaking several bones. Advise on Sam's liability for the non-fatal offences against the person. [a scenario in the style of Component 2; the real paper tariff is 25, AO1 and AO2]Show worked answer →
A scenario testing AO2 application of the ladder of non-fatal offences. Work up the ladder, applying each offence to a distinct act.
Raising the fist: assault (Ireland, Constanza). The actus reus is causing Tara to apprehend immediate unlawful force; flinching shows apprehension. Mens rea: intention or recklessness as to causing that apprehension.
The punch causing a black eye and a cut needing stitches: this is more than transient harm, so s47 ABH (Miller; Chan-Fook includes recognised psychiatric harm). A deep cut breaking both layers of skin could be a wound for s20 (Eisenhower). Mens rea for s47 is the mens rea for the assault or battery (Savage); for s20 it is intention or recklessness as to some harm (Mowatt, Parmenter).
Stamping to break bones with intent to cause serious harm: s18 GBH with intent (DPP v Smith defines GBH as really serious harm; the specific intent to cause GBH is the key, Belfon). Broken bones are GBH.
A top answer matches each act to the right offence, applies the actus reus and mens rea, and concludes on each.
Eduqas Component 3 2021 (essay)20 marksAnalyse and evaluate the need for reform of the non-fatal offences against the person. [an essay in the style of Component 3; the real paper tariff is 25, AO1 and AO3]Show worked answer →
A mainly AO3 essay. Explain the offences, then evaluate the case for reform.
The law. The ladder runs from common-law assault and battery to ss47, 20 and 18 OAPA 1861, with the mens rea separating the rungs.
Evaluation (the case for reform). The 1861 Act uses archaic and inconsistent language ('maliciously', 'wound', 'grievous'); the structure is illogical (s47 and s20 carry the same maximum of five years despite different harm; s47 needs no mens rea as to the harm); 'inflict' (s20) and 'cause' (s18) once differed but now align (Burstow; Ireland); and the offences predate modern understanding of psychiatric harm. The Law Commission and the 1998 draft Bill proposed a clear, hierarchical replacement, never enacted.
A top answer explains the offences and evaluates the inconsistencies, citing the reform proposals, then concludes.
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Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)
- Offences Against the Person Act 1861 — UK Parliament (1861)