7- Non Fatal Offences Against the Person Flashcards
Maxime time for ABH?
5 years
Maximum time for S20 wounding or GBH?
5 years
Maximun time for S18 wounding or GBH?
Life
Common element - Unlawful
Each of the NFOAPs require the personal violence or application of force to be unlawful.
Self defence/Prevention of crime
S.3 Criminal Law Act 1967
A person may use such force as is reasonable in the circumstances in the prevention of crime or to resist arrest
Consent
A-G ref no 6 1980 – A person can only consent to an assault and battery (not ABH, GBH or wounding)
What does assault mean?
MPC v Fagan 1969
“An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence”
What is the punishment for assault?
Max six months imprisonment
S.39 Criminal Justice Act 1988
What the elements of assault- actus reus?
- V apprehends
- V’s apprehension must be caused by D’s act or omission.
- Immediate.
- Unlawful personal violence
What is element assault- Mens reu?
- Intention to cause v to apprehend immediate unlawful personal violence or
- Reckless as to whether v apprehends immediate unlawful personal violence
Actus reus- 1. Apprehend
Apprehend means to be aware of or anticipate rather than being put in fear
Actus reus 2. D’s act or omission which causes v to apprehend
Generally an assault will be committed by an act rather than an omission.
Both factual and legal causation must be established.
Actus reas- 3. Immediate
There is no assault if the threat amounts to future violence eg
“I’m going to kill you next week.”
Mens rea assault
The mens rea is present where the defendant has intention or is reckless as to the victim apprehending immediate unlawful personal violence
What does Battery mean?
An act by which the defendant intentionally or recklessly applies unlawful physical force to another person
What is the punishment for Battery?
Max 6 months
Elements of battery- Actus reas
Application of
unlawful physical force
by d on v
Elements of battary- mens rea
Intention as to the application of unlawful physical force or
Reckless as to the application of unlawful physical force
Actus reus 1 - Application
The application of unlawful physical force need not be direct
Actus reus 2- Unlawful physical force
“Any touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive”
Mens rea
Intention as to the application of unlawful physical force or
Cunningham reckless as to whether such force will be applied
ABH
S.47 OAPA 1861
“it is an offence to commit any assault occasioning actual bodily harm”
This offence is triable either way and carries a maximum penalty of 5 years imprisonment.
Elements of ABH- actus reas?
- Assault or battery
- Which causes
- Actual bodily harm
Elements of ABH - Mens rea
Intention to commit the assault or battery
Reckless as to whether an assault or battery will result
Abh Actus reas - 1.assault or battary
All elements of either an assault or a battery must be present
ABH Actus reas- 2.causation
Factual causation must be applied and legal causation may also be relevant (See causation hand out)
ABH Actus- 3.Bodily harm
R v Miller 1954
Definition:
“Any hurt or injury calculated to interfere with the comfort of the victim”
ABH - Psychiatric injury
R v Chan- Fook 1994
Mere feelings of fear and panic are not sufficient.
There must be some clinically recognised condition
Mens rea- ABH
Intention to commit the assault or battery or
Reckless as to whether an assault or battery will result
S.20 OAPA 1861
“whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour”
Elements of GBH s.20- Actrus reas
- D unlawfully inflicts
- a wound or GBH
- on another person
Elements of GBH S.20- mens rea
Intention or recklessness to cause some harm
GBH Actus rea S.20- Inflict
R v Burstow 1997
Inflict simply means cause
Both factual and legal causation must be established
GBH actus reas S.20- wound
To constitute a wound the continuity of the skin must be broken Moriarty v Brookes 1834
A scratch or graze which does not pierce all 7 layers is insufficient McLoughlan 1836
An internal rupture of blood vessels will not be classed as a wound C (a Minor) v Eisenhower 1984
S.20 Mens reas
D must have the intention to cause some harm
or be reckless (Cunningham) as to whether some harm is caused
S.18 OAPA 1861
whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of a felony
Actus reas - GBH
All elements of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person.
This means a person can be criminally liable for inflicting wounds or serious harm on themselves.
Elements GBH S.18- Actus reas
Unlawfully wound or cause GBH to any person.
Elements GBH S.18- Mens rea
Intention to cause really serious harm Or Intention to resist arrest or prevent the lawful detainer of persons and either:
a) Intent to cause really serious harm
or
b) Reckless as to whether really serious harm will result.
Actus reas- GBH S.18
All elements (and definitions) of the actus reus for s18 are the same as for s.20 except the wounding or GBH can be committed on any person rather than on any other person. This means a person can be criminally liable for inflicting wounds or serious harm on themselves.
