Non-Fatal Offences Against the Person Flashcards
what was the purpose of the original Offences Against the Person Act 1861?
original mechanism to distinguish different kinds of assault and the different types of purpose that may commit it
ex// causing bodily injury by gunpowder, assaults on seamen, intent to obstruct transport of grain
what are modern examples that represent the same concept as the OAPA 1861?
assaulting an immigrations officer - UK Borders Act 2007 s22
causing serious injury by dangerous driving - Legal Aid, Sentencing and Punishment of Offenders Act 2012
human trafficking - Modern Slavery Act 2015
what are general non-fatal offences?
common assault
actual bodily harm
maliciously (intentionally or recklessly) wounding or inflicting grievous bodily harm
maliciously wounding or causing GBH with intent to cause GBH
what sections under OAPA 1861 concern ABH, GBH and GBH with intent?
how many prosecutions are there under all these sections?
ABH s.47
GBH (intentionally or recklessly) s.20
GBH with intent to cause GBH s.18
26,000 prosecutions
where are assault and battery cases heard?
what sentence can a magistrate give?
crown or magistrates court - CPS can choose
can only give a 6 month sentence
what are the two assault offences?
technical/ psychic assault - fear of immediate application of unlawful force
battery - infliction of unlawful force
what happened in the Smith v Superintendent Woking Police Station 1983?
(technical/psychic force)
D peered through Vs window
when V saw him he continued to stare
fear of immediate application of unlawful force
what will make the fear of application of unlawful force harder to argue?
the more distant D is from V
the more secure the place that V is in
what case established that silent calls could amount to assault?
why?
Ireland v Burstow 1997
even though nothing was actively said, the silent calls could have amounted to the fear that D was right outside the front door
in what case did an indirect assault, with no intended victim, amount to a battery?
DPP v K 1990
acid put in hand dryer
what was the AR for battery described as in Santa Bermudez 2004?
‘when someone (by act or word) creates a danger’
‘thereby exposes other to a reasonably foreseeable risk of injury that materialises’
creates ‘the evidential basis for the AR of assault occasioning ABH’
what case established that an omission could constitute a battery?
Fagan v MPC 1968
what is meant by actual bodily harm (ABH)?
s.47
‘any injury which is calculated to interfere with the health and comfort of V’
wounding
bruising
EVEn hair cutting
what case established that hair cutting could amount to ABH?
why?
DPP v Smith 2006
‘to a woman her hair is a vitally important part of her body’
what does intention/recklessness need to relate to for the commission of an offence of assault occasioning ABH?
what case?
only the commission of the assault needs to be intended/reckless
fault element relates only to the assault/ not the ABH
R v Savage 1991
how is the severity of OAPA 1861 offences ranked?
least to most severe
s. 47 - assault occasioning ABH
s. 20 - assault where GBH was recklessly/intentionally inflicted
s. 18 - causing/intending GBH with intention to create GBH
what is s.20 OAPA 1861?
‘unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without a weapon or instrument’
what is the AR for GBH?
any breaking of the skin
what did the Bollon (2004) case establish could cause GBH?
series of smaller injuries
does not have to be one main injury
what was ‘inflicted’ said to include in Dica (2004)?
inflict could also include the transmittal of an STD even if the victim consented to engaging in sexual intercourse
what is the MR for causing GBH?
intention or reckless as to some, even minor, harm
malicious infliction requires intention
what is s.18 OAPA 1861?
‘unlawfully and maliciously, by any means whatsoever, wound or cause GBH to any person with intent to do some GBH to any person’
‘or with the intent to prevent the lawful apprehension or detaining of any person’
what are the four offences that can be found under s.18?
wounding with intent to do GBH
causing GBH with intention to do GBH
maliciously wounding with intent to prevent lawful arrest
maliciously causing GBH with intent to prevent lawful arrest wha
how is the meaning of GBH decided?
no strict definition for GBH within the law
must just break the skin
based on the facts of the case
how did the HO Draft Bill 1998 intend to change the law on assault?
create 4 categories of injury
intentionally/recklessly causing impact on the body of another/ creating fear that this was imminent (assault)
intentionally/recklessly causing injury s.47
intentionally/recklessly causing serious injury s.20
intentionally causing serious injury s.18
what did the Law Commission Scoping Paper 217 (2014) suggest?
improve upon 1998 HO Draft Bill
‘injury’ to include disease
max life sentence for GBH (s.18)
7 max for s.20
5 max for s.47
what was established in Dica (2004) in relation to ‘consent’ and the risk of STDs?
consent to sexual intercourse could be a defence but only if V was informed as to Ds condition
they would therefore be consenting to the risk of contracting the STD
what was established in Konzani (2005) in relation to ‘consent’ of STDs?
recognised that informed consent could be a defence
BUT upheld importance of public interest in the prevention and avoidance of spreading catastrophic illness
why is consent to the risk of STDs being spread a consideration for the court?
requirement to respect personal autonomy in making a decision to consent
also establishes whether V was able to truly consent ex// STDs might have been concealed from V
what would sufficiently amount to deception in relation to the existence of STDs before sexual intercourse?
why?
silence would amount to deception - thus, D would be committing an assault under s.20
Vs consent is not properly informed
V cannot consent to something they were ignorant/unaware of
D cannot claim they honestly believe consent was informed
in what other case was Dica (2004) applicable for the transmission of an STD?
R v Golding 2014
contraction of herpes without being informed prior
what suggestions were made to tackle the transition of STDs and assault under OAPA in the LC Scoping Paper 2014?
focus on deception - whether V was aware or deceived
creating a new offence for disease transmission
focus on intentional transmission to establish easy cases
BUT retain reckless transmission as an offence (especially for rape and spiking)
what might be the social response to focus on disease disclosure for conviction of assault causing GBH through STDs?
people become less inclined to get tested so they don’t have to rely on disclosing this information
what is meant by a racially or religiously aggravated assault under s.28 Crime and Disorder Act 1998?
D immediately before or after offence demonstrates hostility towards Vs membership to a particular racial or religious group
offence is motivated specifically towards a member of a racial/religious group based on their membership
(membership can include association with members of that group)
what are examples of racially/religiously aggravated assault cases?
DPP v Pal 2000
R v White
where is the source for the offence of assault found?
what is the AR for assault (definition and authority)?
what is the MR (‘’)?
is injury or harm required?
max sentence?
common law
AR - causing victim to apprehend imminent unlawful force
Smith v CC of Woking / Ireland v Burstow
MR - intention/reckless as to creation of apprehension of imminent unlawful force
Venna/ Savage and Parmenter
no injury or harm required
6 months
where is the source for the offence of battery found?
what is the AR for battery (definition and authority)?
what is the MR (‘’)?
is injury or harm required?
max sentence?
common law
AR - touching/ applying force to the victim (direct/indirect/omission)
Fagan/ Santa-Bermudez/ DPP v K
MR - intention/recklessness as to touching or applying force
Venna
no harm/injury required
6 months
where is the source for the offence of assault occasioning ABH found?
what is the AR for assault occ ABH (definition and authority)?
what is the MR (‘’)?
is injury or harm required?
max sentence?
s.47 OAPA 1861
AR - assault/battery which causes victim to suffer ABH
Chan Fook/ Ireland v Burstow
MR - intention/recklessness as to assault/battery
Savage and Parmenter
injury/harm must be more than mere touching/ not permanent/ cannot be trivial
5 years
where is the source for the offence of malicious wounding/inflicting GBH found?
what is the AR for malicious wounding/inflicting GBH (definition and authority)?
what is the MR (‘’)?
is injury or harm required?
max sentence?
s.20 OAPA 1861
AR - unlawful wounding/inflicting of GBH
Eisenhower/ Ireland v Burstow
MR - intention/recklessness that victim would suffer some harm
Mowatt/ Savage and Parmenter
breaking of the skin (Eisenhower)/ serious bodily harm
5 years
where is the source for the offence of wounding/ causing GBH with intent found?
what is the AR for causing GBH with intent (definition and authority)?
what is the MR (‘’)?
is injury or harm required?
max sentence?
s.18 OAPA 1861
AR - unlawfully wounding/ causing GBH
Eisenhower/ Ireland v Burstow
MR - intention to cause GBH or intention to resist arrest with recklessness to cause GBH
Mowatt/ Savage and Parmenter
break in skin (Eisenhower)/ serious bodily harm
life imprisonment
