Offences Against the Person

1) Common Assault

-offence of common assault is committed when a person either assaults another person or commits a battery:

An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. A battery is committed when a person intentionally and recklessly applies unlawful force to another.

The appropriate charge will be contrary to be section 39 where injuries amount to no more than the following:

Grazes; Scratches; Abrasions; Minor bruising; Swellings; Reddening of the skin; Superficial cuts; A 'black eye'.

2) Assault occasioning actual bodily harm, contrary to section 47 Offences Against the
Person Act 1861
The offence is committed when a person assaults another, thereby causing actual bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling

The following injuries should normally be prosecuted under section 47:

loss or breaking of tooth or teeth; temporary loss of sensory functions, which may include loss of consciousness. (T v Director of Public Prosecutions, [2003] Crim. L. R. 622) extensive or multiple bruising; displaced broken nose; minor fractures; minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches); psychiatric injury that is more than mere emotions such as fear, distress or panic. In any case where psychiatric injury is relied upon, as the basis for an allegation of assault occasioning actual bodily harm, and the matter is not admitted by the defence, then expert evidence must be called by the prosecution.

3) Unlawful wounding/inflicting grievous bodily harm, contrary to section 20 of the Act.

The offence is committed when a person unlawfully and maliciously, either:

wounds another person; or inflicts grievous bodily harm upon another person

Examples of what would usually amount to serious harm (GBH) include:

injury resulting in permanent disability or permanent loss of sensory function; injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull; compound fractures, broken cheek bone, jaw, ribs, etc; injuries which cause substantial loss of blood, usually necessitating a transfusion; injuries resulting in lengthy treatment or incapacity; psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury.