Non-fatal offences against the person

Question 1

Different non-fatal offences against the person

Answer 1

s. 18 (OAPA 1861)
s. 20 (OAPA 1861)
s. 47 (OAPA 1861)
s. 39 (Criminal Justice Act 1988)

Question 2

s. 18 OAPA 1861 (GBH)

[life sentence]

Answer 2

AR:
Wound or inflict GBH

MR:

• wound with intent to commit GBH; or
• GBH with intent to commit GBH; or
• wound/GBH with intent to resist or prevent arrest/detention

Question 3

Bruising/internal bleeding is NOT wounding

Answer 3

Eisenhower

Question 4

wound = breaking of both layers of the skin/drawing of blood

Answer 4

Moriarty v Brookes

Question 5

GBH = ‘really serious harm’

Answer 5

DPP v Smith

Question 6

GBH can include really serious psychiatric harm, if a recognised condition

Answer 6

R v Burstow

Question 7

s. 20 OAPA 1861 (GBH)

[5 yr sentence]

Answer 7

AR:
wound or inflict GBH

MR:
‘maliciously’
- intention or recklessness as to ABH

Question 8

s. 47 OAPA 1861 (ABH)

[5 yr sentence]

Answer 8

AR:
Simple/physical assault
causing ABH

MR:
intention or recklessness as to the infliction of unlawful personal force ie. physical assault

Question 9

ABH = any hurt/injury calculated to interfere with the health and comfort of the victim

Answer 9

R v Miller

Question 10

ABH may include psychiatric harm if a recognised condition

Answer 10

R v Ireland

Question 11

D only need to have intended or been reckless to physical assault in order to establish MR

Answer 11

R v Savage

Question 12

s. 39 CJA 1988 (physical assault)

strict liability

Answer 12

AR:
Infliction of unlawful personal force upon the victim
(no injury required)

MR:
Intention or recklessness as to the infliction of unlawful force

Question 13

Infliction (of unlawful personal force) may be direct

ie. setting a dog on the victim

Answer 13

Haystead

Question 14

s. 39 CJA 1988 (simple assault)

no force necessary

Answer 14

AR:
Acts or words that cause victim to apprehend immediate and unlawful personal force

MR:
Intention or recklessness as to the victim apprehending such force

Question 15

‘acts or words’ (for simple assault) can include silence

Answer 15

R v Ireland

Question 16

Authority for AR of simple assault

Answer 16

Fagan v Metropolitan Police Commission

Question 17

Victim need only fear that force COULD occur immediately (for simple assault)

Answer 17

R v Burstow

Question 18

Authority for MR of simple assault

Answer 18

R v Venna

Question 19

Key cases for non-fatal offences against the person

Answer 19

Eisenhower (bruising/internal bleeding is not wounding)
Moriarty v Brookes (wound = breaking of both layers of skin)
DPP v Smith (GBH = really serious harm)
R v Burstow (GBH can include really serious psychiatric harm; victim need only fear that force COULD occur immediately)
R v Miller (ABH = any hurt calculated to interfere with health and comfort of victim)
R v Ireland (ABH may include psychiatric harm; act could include silence)
Haystead (infliction may be indirect)