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Non-Fatal Offences Against the Person for SQE1

Part of our SQE1 Criminal Law guide → View the full SQE1 Criminal Law guide

25 Apr 2026

Non-fatal offences against the person form a hierarchy of charges that SQE1 tests regularly. You need to know the elements of each offence and how to distinguish between them.

Non-Fatal Offences Against the Person

Criminal Law > Non-Fatal Offences Against the Person

What Are Non-Fatal Offences Against the Person?

Candidates frequently lose marks on SQE1 by confusing section 20 (foresight of some harm) with section 18 (specific intent to cause GBH) — a single-word difference in the facts (intended versus foresaw) determines which charge succeeds, and examiners test this distinction across multiple scenarios. These are criminal offences involving the application or threat of unlawful force that does not result in the victim's death. They range from common assault (the least serious) through to wounding or causing grievous bodily harm with intent (the most serious). The principal statutory source is the Offences Against the Person Act 1861 (OAPA 1861), supplemented by common law for assault and battery.

The offences form a 'ladder' of seriousness, and SQE1 expects you to match the correct charge to the facts.

Understanding the relationship with criminal defences is essential for answering SQE1 questions on this topic.

Key Principles for SQE1

  • Assault (common law): Causing the victim to apprehend immediate unlawful personal violence. Mens rea: intention or recklessness as to causing the victim to apprehend such violence. No physical contact is required.

  • Battery (common law): The application of unlawful force to another person. Mens rea: intention or recklessness as to the application of unlawful force. Even the slightest touching can suffice.

  • Assault occasioning actual bodily harm (ABH) — s.47 OAPA 1861: An assault or battery that causes actual bodily harm. ABH means 'any hurt or injury calculated to interfere with the health or comfort of the victim' — it need not be permanent but must be more than trivial. Includes psychiatric harm. Mens rea: intention or recklessness as to the assault or battery — no need to prove foresight of the harm itself. For a full understanding of how this fits within the broader framework of Criminal Law, see the complete guide.

  • Malicious wounding / inflicting GBH — s.20 OAPA 1861: Unlawfully and maliciously wounding or inflicting grievous bodily harm. GBH means 'really serious harm'. A wound requires a break in the continuity of both layers of the skin. Mens rea: intention or recklessness as to some physical harm (not necessarily GBH) — 'maliciously' means foresight of some harm.

  • Wounding / causing GBH with intent — s.18 OAPA 1861: Unlawfully and maliciously wounding or causing grievous bodily harm with intent to cause GBH or with intent to resist lawful apprehension. Mens rea: specific intent to cause GBH (or to resist arrest). This is the most serious non-fatal offence and carries a maximum sentence of life imprisonment.

  • Consent: Valid consent may provide a defence to assault and battery, and in limited circumstances to ABH (e.g., properly conducted sport, surgery, tattooing). Consent is generally not a defence to offences causing ABH or above unless a recognised exception applies.

Exam tip

When you see a serious injury (broken bone, deep cut, significant bleeding), ask: Does this amount to GBH? If yes, the question turns on whether the defendant intended to cause GBH (s.18) or merely foresaw some harm (s.20). The mens rea difference is narrow but crucial.

How This Appears in SQE1 Questions

SQE1 questions describe injuries and ask you to select the correct charge. This is a classic SQE1 trap: distinguishing between statutory charges based on a single detail of the defendant's mental state. The critical distinction is between s.20 and s.18 — both require GBH or a wound, but s.18 requires specific intent to cause GBH, while s.20 requires only foresight of some harm.

Another common trap is applying the wrong mens rea to ABH (s.47) — you only need to prove the mens rea for the underlying assault or battery, not foresight of the harm.

Common Mistakes Students Make

  • Confusing s.20 (foresight of some harm) with s.18 (specific intent to cause GBH) — this is the most important distinction in the hierarchy
  • Requiring foresight of ABH for a s.47 charge — the mens rea is for the assault or battery only, not for the resulting harm
  • Treating a wound as requiring serious injury — a wound is simply a break in both layers of the skin, which can be relatively minor
  • Forgetting that assault is the apprehension of force (no contact needed) while battery is the actual application of force

Quick Summary

  • Assault: apprehension of force, no contact.
  • Battery: application of force.
  • ABH: minor injuries, assault/battery mens rea. s.20: wounding/GBH, foresight of some harm. s.18: wounding/GBH, intent to cause GBH.
  • The s.20/s.18 distinction is crucial.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

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