Non Fatal Offences Flashcards
Definition of Assault
Any act by which D, intentionally or recklessly, causes V to apprehend immediate and unlawful violence
Actus Reus of Assault
Any act by D that causes V to apprehend immediate and unlawful violence
Mens Rea of Assault
Intention or recklessness (subjective)
Definition of Battery
An act by which D, intentionally or recklessly, inflicts unlawful, personal violence upon V
Actus Reus of Battery
Unlawful, personal violence
Mens Rea of Battery
Intention or recklessness as to the unlawful, personal violence
Statute for Assault Occasioning Actual Bodily Harm?
s. 47, Offences Against the Person Act (OAPA) 1861
Definition for Assault Occasioning ABH (as per statute)
Indictment of any assault occasioning ABH - max 5 years
Actus Reus for Assault Occasioning ABH
Assault OR Batter + ABH
What constitutes ABH?
Injury must be “more than merely trifling” - Donovan
Includes psychiatric injury
Scratch, graze, abrasion, bruise, swelling, temporary loss of consciousness, cutting a substantial amount of hair, etc
Mens Rea of Assault Occasioning ABH
Intention / Recklessness (same for assault / battery)
Statute for Wounding or Inflicting Grievous Bodily Harm (GBH)
s. 20, OAPA 1861
Definition of Wounding or Inflicting GBH (as per statute)
Unlawfully and maliciously wounding or inflicting any GBH - max 5 years
Actus Reus of Wounding or Inflicting GBH
Wounding or inflicting GBH
Define ‘wounding’
“Every layer of the skin must be broken” (C v Eisenhower [1984])
Define ‘GBH’
“Really serious harm” (DPP v Smith)
Includes really serious psychiatric injury - (Burstow [1998])
Transmission of disease? - (Dica [2004])
Mens Rea of Wounding or Inflicting GBH
Intention or recklessness as to SOME harm - Savage and Parmenter [1992]
Statute for Wounding or Causing GBH with Intent
s. 18, OAPA 1861
Definition of Wounding or Causing GBH with Intent (as per the statute)
Unlawfully and maliciously by any means whatsoever wounding or causing any GBH to any person / with intent to resist or prevent the lawful apprehension or detainer of any person
Actus Reus of Wounding or Causing GBH with Intent
Wound of Cause GBH (same as s. 20)
Mens Rea for Wounding or Causing GBH with Intent
Intention to:
1) Cause GBH
2) To resist or prevent lawful arrest or detention
Is consent relevant to NFOAP
Assault and Battery - YES
s. 47, s. 20, s. 18 - NO (unless conduct within a exceptional category - Brown [1994])
What are the exceptional categories regarding consent?
1) Surgery
2) Body modification (tattoos, piercings) - Wilson [1996]. But NOT extreme body modification (= unlicensed surgery) - R v BM [2018]
3) Sport - Barnes [2004]
4) Horseplay - Jones [1986]; Aitken [1992]
5) Religious (circumcision but not cheek incision)
6) Sexual (but non-violent) / reckless transmission of disease - Dica [2004]; Konzani [2005]
7) Consent must be effective and informed
8) Not procured by fraud as to identity - Richardson [1998]. But ‘fake botox’ - R v Melin (Ozan) [2019]
9) Belief in consent (must be genuine, even if unreasonable) - Jones [1987]
Define ‘Hate Crime’ (as per the Government’s definition)
Any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice towards someone based on a personal characteristic.
Define ‘Hate Crime’ (as per statute)
s. 29 Crime and Disorder Act 1998 - ‘racially or religiously aggravated assaults’ - turns ordinary crime into a hate crime
Max. Penalties for Hate Crimes
All max penalties increased:
1) Assault - from 6 months to 2 years
2) ABH and GBH - from 5 years to 7 years
When does the basic offence become aggravated (in regard to racially or religiously aggravated assaults)
s. 28(1) Crime and Disorder Act 1998:
1) OBJECTIVE: at time of offence (or immediately before or after)the offender demonstrated hostility towards the victim based on the victim’s membership (or presumed membership) of a racial or religious group OR
2) SUBJECTIVE: offence is motivated (partially or as a whole) by hostility towards the members of a racial or religious group
Define ‘racial group’
s. 28(4) Crime and Disorder Act 1998: a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins
Cases: Attorney-General’s Ref (No. 4 of 2004) [2005]: “immigrant doctor”. Rogers [2007] “bloody foreigners”
Define ‘religious group’
s. 28(5) Crime and Disorder Act 1998: a group of persons defined by reference to religious belief or lack of religious belief
