Chapter 12: Non-fatal Offences - Section 47 OAPA 1861 Flashcards
What are the 5 offences of non-fatal offences?
- Grievous bodily harm (serious)
- Grievous bodily harm (normal)
- Actual bodily harm (‘mild’)
- Battery
- Assault
What are the respective statutes for each offence?
Grievous bodily harm (serious)
- Section 18 Offences Against the Persons Act 1861
Grievous bodily harm (normal)
- Section 20 OAPA 1861
Actual bodily harm (‘mild’)
- Section 48 OAPA 1861
Battery
- Section 39 CJA 1988
Assault
- Section 39 CJA 1988
What is the overview/big picutre of Acutal bodily harm?
- Summary offence
- Basic intent crime
- Intoxication - bad defence (DPP v Majewski; DPP v Beard)
- Section 47 Offences Against the Persons Act 1861
What is the sentencing for Actual bodily harm?
5 years imprisonment
What is an important and unique element to note of Actual bodily harm?
Proving common assault
- Either battery or assault
- Only 1 of them
MR
- Actual bodily harm offence doesn’t actually have MR
- The MR is counted in the beginning of the actual Assault
- So when Assault has been established, it doesn’t matter if there is MR afterwards in the other elements
Think of the MR like foing to stages/lines chronologically
What are the 3 elemens of actual bodily harm (does not include MR - counted in the Assault 1st element)
AR
- Assault (common assault) (note - once assult’s MR is established then the causation MR is not needed)
- Occasioning
- Actual bodily harm (ABH)
MR
- D must have proved to have intended to assault or to have been reckless as to it although he need not have foreseen injury to result from his acts
What is Assault (common assault)?
There must be assault or battery
Note
- Definition for both (Fagan v MPC [1999])
What is occassioning?
The casuation/causal link of the assault
- Factual cause
- Legal cause
normal cusation
What is factual case and legal cause
Factual cause
- “But for” test (R v White [1910])
Legal cause
- Attributable & Significant/substantial cause (R v Pagett)
What is Actual bodily harm (ABH)?
What is the case that states this
Must be more than transient & trifling harm, includes injury that is calculated to interfere with health and comfort of the V (doesn’t have to be serious/permanent) - R v Miller [1954]
Can ABH be interpreted as mental harm? What case states this?
R v Chan Fook - used Mischief Rule (SI)
Facts
- V was punched and locked in a room
- The assault caused him to suffer hysterical or nervous condition
Issue
- Whether the ‘bodily harm’ in the phrase “Actual bodily harm” limits harm to the skin, flesh and bones of the victim
Held
- It does not limit to only physical harm
- The body includes the organs, which can be interpreted as the nervous system and his brain
- While further interpreting that into liability for mental and other faculties
Takeaway
- This case interpreted the meaning of ‘bodily harm’ to include mental
What are the 8 list of ABH under Section 39 CJA 1988 - Battery?
- Grazes
- Scratches
- Abrasions
- Minor bruising
- Swelling
- Reddening of the skin
- Superficial cuts
- A ‘black eye’
What is the MR for Assault (common assault)?
D must have proved to have intended to assault or to have been reckless as to it although he need not have foreseen injury to result from his acts
Note
- MR comes from assault (from AR)
What are the 2 cases for intention or recklessness of common assault?
R v Savage [1991]
R v Parmenter [1991]
What is intention or reckless of the assault?
Intention
- Direct intent - R v Woolin [1999]
- Specific intent - R v Woolin [1999]
- Foreseeability of risk (virtual certainty)
Recklessness
- Subjective test - R v Cunningham
- Objective test - R v G & Another [2003]
