Non-Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Introduction
Understanding non-fatal offences against the person includes:
Common assault and battery
Assault occasioning actual bodily harm (s 47 OAPA 1861)
Malicious wounding or inflicting grievous bodily harm (s 20 OAPA 1861)
Wounding or causing grievous bodily harm with intent (s 18 OAPA 1861)
Analysis and evaluation of the law on these offences
22.1 Common Assault
Types of Committing Common Assault:
Two ways: assault and battery
Legal Definitions:
Assault: Causing fear of immediate, unlawful force without actual touching.
Battery: Application of unlawful force to another person.
Legal Recognition:
These offences are recognized under Section 39 of the Criminal Justice Act 1988:
Maximum punishment: Six months' imprisonment or a fine of £5,000, or both.
22.1.1 Definition of Assault
Definition:
"An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention or recklessness to cause such fear."
Key Case: R v Nelson (2013): The court stated that an act is required which causes someone else to feel they are about to be struck.
Key Term
Assault: An act which causes the victim to apprehend the infliction of immediate, unlawful force.
22.1.2 Actus Reus of Assault
Requirements:
An act must occur that causes the victim to apprehend immediate, unlawful force.
Examples:
R v Constanza (1997): Writing threatening letters constituted an assault.
R v Ireland (1997): Silent phone calls can be assault.
Important Note:
No assault if it's obvious the defendant cannot use force (like shouting threats from a passing train).
Key Case: R v Lamb (1967): Pointing an unloaded gun cannot be an assault if the victim knows it is unloaded.
22.1.3 Definition of Battery
Definition:
"The application of unlawful force to another person intending to apply unlawful physical force or being reckless as to whether unlawful force is applied."
Key Term: Battery - the unlawful application of force, requiring either intention or recklessness.
22.1.4 Actus Reus of Battery
Application:
Battery includes the slightest touching.
Key Cases:
Collins v Wilcock (1984): Touching to get attention is acceptable; physical restraint without arrest is not.
Wood (Fraser) v DPP (2008): Battery by officers not arresting is applicable.
R v Thomas (1985): Touching clothing while worn is equivalent to touching the person.
Continuing Act:
E.g., Fagan v Metropolitan Police Commissioner (1968): Battery may occur when intention is formed during an act.
Indirect Act:
E.g., R v Martin (1881): Setting a trap constitutes battery.
22.1.5 Mens Rea of Assault and Battery
Mens Rea Specifications:
Assault: Intention to cause fear or recklessness.
Battery: Intention to apply force or recklessness as to its application.
Basic Intent Offences:
Intoxication is seen as reckless (DPP v Majewski (1976)).
22.2 Section 47 OAPA 1861: Assault Occasioning Actual Bodily Harm
Definition:
Assault or battery causing actual bodily harm.
Mens Rea Requirement: Same as common assault.
22.2.1 Actus Reus of s 47
Must prove an assault/battery causing actual bodily harm.
Definition of Actual Bodily Harm: Interferes with health or comfort (Miller (1954)).
Key Cases:
R v Chan Fook (1994): Psychiatric injuries can count as actual bodily harm.
Tv DPP (2003): Loss of consciousness qualifies.
22.2.2 Mens Rea of s 47
Must intend or be reckless about fear or unlawful force.
Key Case: R v Roberts (1971): Implies intent or recklessness is sufficient.
22.3 Section 20 OAPA 1861: Malicious Wounding / Inflicting Grievous Bodily Harm
Definition:
Unlawfully and maliciously wounding or inflicting grievous bodily harm.
Mens Rea Requirement: Intention to cause injury or recklessness as to the infliction of injury.
22.3.1 Wound
Definition:
A break in the continuity of the whole skin (JJC v Eisenhower (1983)).
Key Cases:
R v Wood (1830): Breaking a bone is not a wound without a skin break.
22.3.2 Grievous Bodily Harm
Definition:
"Really serious harm" (DPP v Smith (1961)).
Key Cases:
R v Burstow (1997): Psychiatric injury qualifies.
R v Dica (2004): Infecting someone with HIV counts as grievous bodily harm.
22.3.3 Inflicting Grievous Bodily Harm
Key Cases:
R v Lewis (1974): Threats considered technical assault.
R v Burstow (1997): "Inflict" does not require a technical assault.
22.3.4 Mens Rea of s 20
Interpretation:
"Maliciously" does not imply ill will but intention or recklessness (Cunningham (1957)).
Key Cases:
R v Parmenter (1991): No need to foresee serious injury, only intention or recklessness towards harm.
22.4 Section 18 OAPA 1861: Wounding or Causing Grievous Bodily Harm with Intent
Definition:
More serious than s 20; carries life imprisonment.
Mens Rea Requirement: Must intend to cause grievous bodily harm or resist lawful apprehension.
22.4.1 Actus Reus of s 18
Direct or Indirect Act:
Substantial causation of the wound/injury required.
22.4.2 Mens Rea of s 18
Must prove specific intention to cause grievous bodily harm (R v Taylor (2009)).
22.5 Evaluation of the Need for Reform of the Law on Assault
Historic Issues:
The 1861 Act is outdated; includes gaps around mental health issues.
Inconsistencies:
Notable differences in mens rea across offences; similar penalties for differing levels of seriousness.
Correspondence Principle Violations:
Defendants can be liable without intending or being reckless about the necessary harm.
2015 Law Commission Report Recommendations:
Proposes new statute with a clearer hierarchical approach to offences, reflecting proportionality in sentencing and including both physical and mental injury definitions.
Summary
The law on non-fatal offences is primarily within the Offences Against the Person Act 1861; urgent reform needed for clarity, consistency, and modernity in language and definitions.
Further Topics for Consideration:
The impact of social media on perceived threats and assaults.
Consideration of how emerging technologies may redefine certain offences pertaining to non-fatal harm.