Offences against the person refer to a range of criminal acts that involve causing harm or injury to another individual. These offences are typically categorised as crimes against the person, as they involve direct harm to an individual's physical or mental well-being. There are several offences against the person that are assessed in both SQE1 and SQE2 as functional legal knowledge.
Assault: Assault refers to the intentional or reckless act that causes another person to apprehend immediate and unlawful violence. A person can be charged with assault even if no physical contact was made as long as he caused the other person to fear that unlawful force was going to be inflicted upon him.
Battery: Battery refers to the intentional or reckless application of unlawful force to another person. Cases of battery can include instances in which a person is pushed, slapped or spat at. In simpler terms, assault is the threat of physical harm, while battery is the actual physical contact.
Section 39 Criminal Justice Act 1988: Section 39 deals with the statutory offence of common assault which includes either assault or battery. The reason for including assault and battery in one offence is that it is easier for the prosecution to convict the offender because common assault is committed even if the criminal act falls short of a battery. The maximum sentence for common assault is 6 months' imprisonment.
Section 47 Offences Against the Person Act 1861: Section 47 deals with the statutory offence of causing actual bodily harm (ABH). This offence is committed when a person intentionally or recklessly assaults another, thereby causing ABH. The maximum sentence for the offence of causing ABH is 5 years' imprisonment.
Section 20 Offences Against the Person Act 1861: Section 20 deals with the statutory offence of causing grievous bodily harm (GBH). This offence is committed when a person unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without any weapon or instrument. GBH bear its ordinary meaning of really serious harm and does not have to be either permanent or dangerous. The prosecution must prove that either the defendant intended, or actually foresaw, that the act might cause some harm. The maximum sentence for offence of inflicting GBH is 7 years' imprisonment.
Section 18 Offences Against the Person Act 1861: Section 18 deals with the statutory offence of causing GBH with intent, with the specific intent to cause serious harm. This offence is committed when a person unlawfully and maliciously wounds or causes any GBH to any person with intent to do some GBH to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person. The prosecution must prove that the defendant intended to wound or cause GBH, and nothing less than an intention to produce that result, which in fact materialised. The maximum sentence for this offence is life imprisonment.
It is important to note that the SQE assesses your ability to apply laws in real-life scenarios. Therefore, it is not enough to simply memorise the above explanations. You are advised to practise as many mock exam papers as possible.
