CRIMINAL LAW

Criminal Law

Criminal Law

Section 47 of the Offences Against the Person Act provides that it is an offence to commit 'any assault occasioning actual bodily harm'. An offence under section 47 of the OAPA 1861 will usually involve an assault or battery and it must be established that either of these two occasioned Adebola actual bodily harm. A battery involves the use of unlawful force upon the victim and such force must be such as to cause the victim actual bodily harm. Actual bodily harm has been defined as any injury which is calculated to interfere with the health and comfort of the [victim]'.

In this case we are told that Baumatose tightens a belt around Adebola's neck, an act that was designed to excite him. It however happens that Adebola suffers headaches and distorted vision and needs treatment. The act of tightening a belt around Adebola's neck will satisfy the actus reus requirements of the section 47 offence as it can be said to involve the use of unlawful force which has caused the victim pain and discomfort. The mens rea required to prove the offence under section 47 is the same as that required to prove an assault or battery. There is no additional mens rea required in relation to the actual bodily harm. An assault or battery must be committed intentionally or recklessly, and recklessness in this context refers to Cunningham recklessness. This means that the defendant had to intend a technical assault or battery, or be reckless as to the application of unlawful force.

It would therefore not be a defence for Baumatose to claim that he had not intended to cause Adebola any actual bodily harm. In the case of Savage and Parmenter, it was held that there was no need to prove that the defendant intended or was reckless as to causing actual bodily harm. It was sufficient that they intended to apply unlawful force.

The next offence for which Baumatose will be charged is that of wounding or inflicting grievous bodily harm. For this offence, Baumatose will be charged under section 20 of the Offences Against the Person Act 1861 which states, whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence The actus reus of this offence can be proved by showing either unlawful wounding or the infliction of grievous bodily harm.

Grievous bodily harm was defined by the House of Lords in DPP v Smith as meaning really serious harm. The scope of grievous bodily harm is quite wide and it is thought that the harm need not be life threatening or permanent or have lasting consequences or even require treatment. On the other hand, wounding requires the breaking of the continuity of the whole of the skin (dermis and epidermis) or the breaking of the inner skin within the cheek, lip or urethra.

In the case of R v McReady, it was held that where ...