Non-fatal offences Flashcards
What is the hierarchy of non-fatal offences from most to least serious?
- Wounding or GBH with intent (s18)
- Wounding or GBH (s20)
- Assault occasioning ABH (s47)
- Battery
- Assault
What is assault?
Intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence
Apprehend = V believes D will use violence against them
Need touching occur for assault?
No touching need occur nor applied force
What is the AR of assault?
Causing victim to apprehend immediate and unlawful personal violence
What does apprehension mean re the AR of assault? Does it mean fear? And what is needed for it from the D? What can negate it?
- Make victim expect - not necessarily fear - personal violence
- Words alone and silence is enough (can convey message)
- Words can negate assault (‘if it were not assize time, I would not take such language from you’)
Lamb - one teen shoots another dead, both thought was safe - no assault as V did not fear infliction!
Must D actually have the means to carry out the threat?
E.g. using replica gun to threaten somebody
No - means irrelevant if apprehension is caused
What does immediate, unlawful, and personal violence mean re the AR of assault?
- Immediate = immediate future/imminent (but not instantaneous)
- Unlawful = not done in self-defence/with consent
- Personal violence = anticipates physical force/violence (not psychological)
‘Personal violence’ can be an unwanted touch
What is the MR of assault?
Intention or reckless as to causing V to apprehend immediate unlawful personal damage
Intention = D’s aim or purpose
Recklessness = risk their actions will cause victim to apprehend and it was unreasonable to take risk in circumstances known to D
What is battery?
The actual intended or reckless use/application of unlawful force to another person without consent
What is the AR of battery?
Application of unlawful force on another
Must applicationof battery be direct, indirect or an omission re AR?
Can be:
- Direct (hitting with weapon)
- Indirect (digging a pit which V falls into)
- Omission (police officer searching pockets and finger is pierced by hypodermic needle)
What will not count as unlawful force under AR of battery?
Inevitable everyday contact e.g. jostling in supermarket, underground etc.
Does not cover grabbing people
What degree of force or hostility is necessary for the AR of battery?
The merest of touch however slight can amount to battery; does not have to be hostile or aggressive
Will touching someone’s clothes count as force?
Yes
What happens if battery results in harm more than trivial?
Liable for s47 offence (assault occasioning ABH)
What is the MR for battery?
Intention or recklessness (as to applying unlawful force on another person)
What is the maximum penalty for battery?
6 months in prison and/or £5,000 fine
What is the maximum sentence for assault occasioning ABH (s47)?
Imprisonment for no longer than 5 years
What is the AR for s47?
Assault occasioning ABH
What does assault mean in AR of s47 and what must be established?
- Means assault or battery
- AR and MR of either must be established
What does occasioning mean under AR of s47?
Assault of battery must result in ABH being caused to victim - normal rules of causation apply
Can be through omission!
What does actual bodily harm mean under AR of s47?
Any hurt/injury calculated that interferes with health/comfort of the victim - not serious or permanent but more than transient and trifling
Not so trivial as to be wholly insignificant
What does ‘more than transient and trifling’ under ABH include?
- Momentary loss of consciousness
- Cutting hair off (still part of body!)
- Psychiatric (but not mere emotions) injury
What is the MR for s47?
MR for assault or battery = intention or recklessness as to:
* Assault = causing V to apprehend immediate and unlawful personal violence; or
* Battery = applying unlawful force upon another
What is the MR for the ABH?
Not required! Only MR for assault or battery is required for s47
What two offences are created by s20?
- Malicious wounding
- Maliciously inflicting GBH
What is the AR for s20?
Wounding or infliction of GBH
What is the difference between wounding and inflicting in s20 AR?
- Wounding = a break in continuity of both layers of skin however severe (e.g. rupture of internal blood vessels not enough)
- Inflicting = causing - can be infliction without assault being committed which cause e.g. psychological injury
What does grievous bodily harm mean under s20 AR? Does it include more than physical injuries?
Really serious harm
* Can include psychiatric injury if sufficiently serious and proved by expert evidence
Will multiple cuts on their own amount be seen in isolation and therefore not very serious?
I.e. serious enough to be GBH
Multiple cuts taken together could amount to serious harm
Must consider effect of injuries on V as well as age/health
What is the MR for s20? What degree of harm is necessary?
D must intend or be reckless as to the causing of some harm
Must the D have foreseen the physical harm as described in s20 i.e. really serious?
No - enough they foresaw some physical harm albeit minor
What two offences are created by s18?
- Maliciously wounding with intent to cause GBH; and
- Maliciously inflicting GBH with intent to cause GBH
What is the difference between s20 (wounding or inflicting GBH) and s18 (wounding or causing GBH with intent) re AR and MR?
- AR exactly the same (wounding = break of skin / infliction = cause)
- MR - D must intend (directly or obliquely) to cause harm which amounts in law to GBH (serious harm)
Is recklessness enough under s18?
No, direct or oblique intention is needed
What injuries would come under ABH?
- Temporary loss of sensory function (sight or hearing)
- Temporary loss of consciousness
- Extensive bruising
- Cutting someone’s hair without their consent
- Minor fractures
- Psychiatric injury more than trivial (beyond mere fear, distress)
What injuries would come under GBH?
Wound - breaking of both layers of skin
GBH
* Permanent loss of sensory function
* Permanent disability
* Broken bones
* Fractured skull
* Substantial blood loss
Are intention and recklessness the MR for every non-fatal offence?
All except s18 - wounding or GBH with intent
All ARs and MRs
Assault
- AR = causing someone to apprehend unlawful and immediate personal violence
- MR = intention or recklessness
Battery
- AR = unlawful application of force on another person
- MR = intention or recklessness
S47 (assault occasioning ABH)
- AR = assault or battery (occasioning ABH)
- MR = intention or recklessness as to assault or battery
S20 (wounding or inflicting GBH)
- AR = wounding or infliction of GBH
- MR = intention or recklessness as to causing some harm
S18 (wounding or inflicting GBH with intent)
- AR = wounding or infliction of GBH
- MR = intention to wound or inflict GBH
