Offences against the person
Non-fatal offences against the person form a hierarchy from assault and battery up to wounding with intent, each with distinct actus reus and mens rea. Charging depends on the level of harm and the fault proved.
What "Offences against the person" covers
- Assault (common assault): causing the victim to apprehend immediate unlawful force; mens rea intention or recklessness (Ireland; words alone can suffice).
- Battery: infliction of unlawful force, however slight; mens rea intention or recklessness as to that force.
- s.47 ABH: an assault or battery that occasions actual bodily harm (more than trivial); no additional mens rea as to the harm needed (Savage).
- s.20 OAPA: unlawful wounding or inflicting grievous bodily harm; mens rea = intention or recklessness as to some harm, not the full extent (Mowatt).
- s.18 OAPA: wounding or causing GBH with intent to do GBH (or to resist arrest); a specific-intent offence.
- 'Wound' requires breaking of both layers of skin; 'GBH' means really serious harm (DPP v Smith) and can include serious psychiatric injury (Burstow).
- Consent is generally not a defence to ABH or above, subject to recognised exceptions (surgery, sport, tattooing, horseplay) (Brown; Wilson).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For offences against the person, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing s.20 and s.18 — both can involve GBH, but s.18 requires intent to cause GBH (recklessness will not do).
- Thinking s.20/s.47 require the defendant to foresee the actual level of harm — only some harm (s.20) or the initial assault/battery (s.47) need be foreseen.
- Assuming consent negates liability for serious harm — it generally does not outside recognised exceptions.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on offences against the person.
FAQ
Is offences against the person tested on SQE1?
Yes — offences against the person is part of the SQE1 Criminal Liability syllabus (FLK2) and can appear in single best answer questions.
How is offences against the person examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.18 OAPA 1861, s.20 OAPA 1861) helps.