Non-Fatal Offences Flashcards
Punishment for assault in what statute?
In s.38 Criminal Justice Act 1988.
What kind of offences are Assault and Battery?
Summary offences and carry max 6 months
Assault definition
When D does an act (not omission) which causes another to apprehend immedieate unlawful violence or force.
“Apprehend” meaning (what me and Annabeth feel for spiders)
According to lagdon v dpp, it’s to Fear
R v Lamb (the opposite of how a lamb feels for a wolf)
Did not fear, so no assault
Smith v SWP
Immediacy must be of the fear regardless of whether violence can be infected Immediately
R v Wilson (what Paedyn did to Kai with a knife to the throat)
Word can be an assault if it’s unlawfully done (not in self defence)
Tebeville v Savage
Words can negate an assault
MR of Assault (Intention)
Intention and desire to cause V to apprehend immediate unlawful violence or force
MR of Assault (Recklessness)
Recklessness where D sees the risk that V will apprehend violence but still takes the risk
Battery definition
Battery is the application of unlawful personal violence or force.
Collins v Wilcock,
states unlawful touching is a battery
However contact of “ordinary life” is considered to have implied consent
DPP v K and R v Haystead.
Battery can be committed directly or indirectly as shown here
Fagan v MPC
Battery can be committed through a continuing act
DPP v Santa-Bermudez.
Battery can be committed by an omission where there is a duty to act
MR of Battery
intention and desire to apply unlawful force or realises the risk force will be applid but takes the unjustifiable risk.
ABH facts
ABH is the lowest level of injury in the Offences Against the Persons Act 1861 and elements are within s.47
What type of offence is s.47 ABH ?
This is an either way offence and carries 5 years prison.
ABH AR
D occasions an assault or battery which causes ABH
Occationing meaning
Occasioning means to cause and D must be the factual and legal cause of death, this is the but for test, R v Pagett and De minimis rule, R v kimsey
R v Miller
defines ABH as ‘any hurt or injury calculated to interfere with the health and comfort of the victim
T v DPP
Bodily is not limited to skin and flesh but also includes damage to brain and nervous system and unconsciousness in ABH.
Smith v DPP
Cutting of hair is also ABH, there’s no need for physical pain for it to be sufficient
R v Chan Fook
However, hurt cannot be so trivial to be wholly insignificant, mere emotions such as fear, and panic are not ABH
MR of ABH
D must have intention- aim or purpose to cause apprehension of unlawful force or apply unlawful force. Or be reckless when D realises the risk but still takes a risk of causing apprehension or applying unlawful force/violence.
GBH definition
GBH is more serious injuries are caused and laid out in s 18 and s 20 of OAPA 1861
S.20
S. 20 is the lesser serious out of the two and carries 5 years imprisonment as an either way offence
AR of GBH
The definition is to unlawfully wound or ‘inflict’ any GBH
R v Burstow
inflict means to cause and there is no difference between the actus reus of s.18 and s.20.
DPP v Smith (GBH)
GBH means ‘really serious harm’. This case laid out psychiatric injury is GBH, such as depression.
R v Saunders
Serious harm is also a sufficient definition
R v Dica
Infecting one with a serious disease is GBH as laid out this case, where D infected V with HIV.
R v Bollom
The vulnerability of a person can consider whether the injuries are GBH (their age)
JCC v Eisenhower
wounding is a cut or break in the continuity of whole skin.
S.20 MR
Intention, either aim purpose or is reckless, realising a risk and taking it to cause some harm
S.18 MR
unlawfully wound or cause GBH. there must be intention to cause the serious harm or intend to resist the lawful apprehension or detainer of person. This carries life imprisonment.
What is a primary criticism of the terminology in non-fatal offences?
Point: The terminology used in non-fatal offences is outdated and ambiguous.
Evidence: The term “assault” refers to apprehension of harm without contact, while “battery” involves any unwanted touching. Courts often refer to “assault by beating” instead of battery.
Explain: This confusion leads to misunderstandings in legal proceedings and difficulty for both practitioners and the public in understanding the law.
Why is the term ABH considered confusing in legal contexts?
Point: Actual Bodily Harm (ABH) lacks clarity in its definition.
Evidence: There is no statutory definition for ABH, and courts define it as any hurt or injury that interferes with health and comfort.
Explain: This vagueness results in inconsistencies and can lead to unjust outcomes as it is difficult for victims and defendants to understand the charge against them.
How does the age of the Offences Against the Persons Act 1861 affect its relevance?
Point: The OAPA 1861 is outdated, leading to legal ambiguities.
Evidence: It does not define key terms like actus reus and mens rea, causing confusion in their application.
Explain: This lack of clarity makes it difficult for legal professionals to apply the law consistently, resulting in unpredictability in case outcomes.
What are the sentencing anomalies present in non-fatal offences?
Point: There are inconsistencies in sentencing for similar offences.
Evidence: Both ABH and s.20 GBH are either-way offences carrying a maximum of 5 years imprisonment, even though s.20 is considered more serious.
Explain: This discrepancy may result in perceived unfairness for victims who suffer more serious injuries, undermining public confidence in the legal system.
Why is the difference in sentencing between s.18 and s.20 GBH significant?
Point: The sentencing disparity raises concerns about fairness.
Evidence: While both s.18 and s.20 GBH involve similar actus reus, s.18 carries a life sentence while s.20 has a maximum of 5 years due to differences in mens rea.
Explain: This can lead to situations where defendants evade appropriate punishment for serious injuries, leaving victims feeling that justice is not served.
What is the role of the Magistrates Court in handling non-fatal offences?
Point: The Magistrates Court processes less serious non-fatal offences.
Evidence: Offences like assault and battery typically carry a maximum sentence of 6 months, and actual imprisonment is rare without prior convictions.
Explain: This approach alleviates the burden on Crown Courts, enabling them to focus on more serious cases, though it may lead to leniency for minor offences.
What advantage does the s.18 GBH offence have concerning police officers?
Point: There is a significant legal advantage for assaults against police officers.
Evidence: If a person injures a police officer, the offence is aggravated, and the offender could face a life sentence under s.18.
Explain: This reflects Parliament’s recognition of the serious nature of harming public servants, emphasizing the need for protection of those serving the community.
How does plea bargaining work within non-fatal offences?
Point: Plea bargaining can expedite legal proceedings.
Evidence: Prosecutors may offer defendants a plea deal to plead guilty to a lesser offence like ABH instead of GBH.
Explain: This ensures a conviction, saves court time, and helps manage resources effectively, although it can lead to less severe penalties for serious offences.
What are the concerns regarding the implications of plea bargaining?
Point: Plea bargaining may undermine justice for victims.
Evidence: Defendants who should face more serious charges might receive leniency when pleading guilty to lesser charges.
Explain: This can leave victims feeling that the legal system has failed to deliver appropriate justice, as the penalties may not reflect the harm caused.
What reforms does the Law Commission propose for non-fatal offences?
Point: The Law Commission recommends creating a clear legal framework.
Evidence: They suggest a comprehensive modern statute that outlines offences in a hierarchy from most to least serious, with clear definitions.
Explain: This would simplify understanding and application of the law, reducing ambiguity and promoting fairer outcomes in legal proceedings.
