Non-fatal offences

Non-fatal offences

There are 5 general non-fatal offences against the person:

• GBH with intent

• GBH

• ABH

• Assault

• Battery

Common Assault

Common assault is the lowest level of offence against the person. There are 2 types (Assault and battery) The prosecution will choose which of the two offences is the most real event depending on the facts of the case. They are not defined in an act of parliament but it is stated in Section 39 Criminal justice act 1988 that they are summary offences and carry a maximum sentence of 6 months.

Assault definition

An assault is any act (and not mere omission to an act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.

Actus Reus of Assault

An act which causes the victim to apprehend the application of immediate unlawful force

An Act

• Constanza (words are sufficient)

• Bursto (silence can amount to an assault)

• Tuberville v savage (words can negate an assault)

• Light (words will not cancel assault if the V still apprehends the immediate unalawful force)

R v Constanza

words are sufficient

Tuberville v savage

words can negate an assault

R v light

words will not cancel assault if the V still apprehends the immediate unalawful force

R v Bursto

silence can amount to an assault

Causes the V to apprehend

If the v does not apprehend immediate force it will not constitute an assault. (Lamb) The v does not actually have to fear violence, and the word ‘apprehend’ equally means anticipating violence.

R v Lamb

If the v does not apprehend immediate force it will not constitute an assault.

Application of immediate

The law takes a liberal interpretation of the term ‘immediate’. London ruled that immediacy will be proved if the conduct of the D caused the V to apprehend the possibility of an immediate attack or an attack that would be imminent. Such fear doesn’t have to be rational in the panic of the moment but to must be genuinely held.

Unlawful force

The v doesn’t have to apprehend any injury, pain or harm to meet this last element of the AR. An assault can be committed even where the ‘force’ apprehended is mere touch, provided if touch is unwanted

MR of Assault

Intention to cause V to apprehend immediate unlawful force or recklessness

Battery

A battery is committed where a person internationally ne recklessly applies unlawful force to another

AR of battery

The application of unlawful physical force to another person

Types of battery

• direct

• indirect

Direct Battery

Direct application of force, where the D actually touches the V

• Collins v Willcock - any touching of another however slight may amount to a battery

• Thomas - If the contact exceeds what is generally held acceptable then the AR might still be established

• Collins V willcock - If physical contact which is an every day occurs ce it is likely to be excluded

Collins v Willcock

• Any touching of another however slight may amount to a battery

• If physical contact which is an every day occurs it is likely to be excluded

R v Thomas

If the contact exceeds what is generally held acceptable then the AR might still be established

Indirect battery

The person applying the force does not have to come into direct contract with the V. Most of the time force will be applied from one person to another. However, it has long been established that they can be indirect (Martian) this principle was further established in Kay and Haysted. A battery can be committed by an omission when there is a duty to act in a dangerous situation (santa-bermuda)

R v Martin

The person applying the force does not have to come into direct contract with the V. Most of the time force will be applied from one person to another. However, it has long been established that they can be indirect

R v santa-bermuda

A battery can be committed by an omission when there is a duty to act in a dangerous situation

MR of battery

Intention o apply unlawful force or recklessly

It was established that in vienna that the intention or recklessness is only required for the act of physical contact itself, and not in respect of harm that might arise from such contact

Actual Bodily Harm

Section 47 Offences against the person act 1861

Triable either way offence

Max sentence of 5 years

ABH definition

An assault or battery which causes the V actual bodily harm. The D intends or is reckless as to weather the V fars unlawful force or it is subjected to unlawful force

AR of ABH

Assault or battery that results in actual bodily harm

• It must be proven that the D committed an assault or battery first, that is what causes the ABH

AR - Actual bodily harm

Any hurt that interferes with the health of the individual (injury) r v miller

ABH is not limited t skin, flesh and bones DPP v smith

R v Miller

Any hurt that interferes with the health of the individual

DPP v smith

ABH is not limited to skin flesh and bones

MR of ABH

The intention or recklessness as the the assault or battery. You do not need to foresee the injury R v savage

R v savage

you do not need to foresee the injury

GBH (section 20)

Section 20 offences against the person act 1861

triable either way offence

5 years max sentence

AR of GBH s20

Either unlawfully wounding or unlawfully inflicting GBH

Wounding

• Both layers of the skin are broken and there is usually blood (Eisenhower)

• A broken bone wouldn’t constitute a wound (R V wood)

R v Eisenhower

Both layers of the skin are broken and there is usually blood

R v Wood

A broken bone wouldn’t constitute a wound

GBH

• really serious harm (R v saunders)

• physical injuries ( R v saunders)

• Age ( R v Bollom)

• multiple minor injuries ( R v brown and stratton)

• Biologically - STDs ( R v Dica )

R v saunders

really serious harm and physical injuries

R v Bollom

Age

R v brown and stratton

multiple minor injuries

R v Dica

Biologically - STDs

MR of GBH s20

The intention to cause another some harm or recklessness as to causing some harm

• Do not need to foresee GBH ( R v Mowatt) but must foresee some harm ( R v Parmenter)

GBH section 18

Section 18 offences against the person act 1861

Indictable offence

Max penalty of a life sentence

Specific intent only

AR of S18 GBH

Unlawfully wounding or Unlawfully inflicting GBH

MR of S18 GBH

Intention to cause GBH or resist arrest

Intention (s20)

Direct intention - The aim to bring about that consequence ( R v Mohan)

Indirect intention - the consequence is not desired but occurs as a result

R v Mohan

The aim to bring about that consequence

GBH (s20 MR)

Serious harm (R v Taylor)

R v Taylor

serious harm

Resist arrest

level of intention to cause injury is lower ( R v Morrison)

R v Morrison

Level of intention to cause injury is lower

Evaluation points

• outdated

• general structure

• sentence

• language

• Actus reus

• Mens rea