Non-fatal Offences Against the Person Flashcards
What is Common Assault?
s39 Criminal Justice Act 1988
“any act by which a person intentionally or recklessly causes another person to apprehend (not fear) immediate and unlawful personal violence”.
Assault by threat only, e.g:
- E.g I’m going to slap you, or conditional threat (if you do this I’ll___)
With regards to common assault, what constitutes as “immediate”?
Threat to cause violence ‘in a minute or two’.
- Can silence amount to an assault?
2. Can words negate an assault?
- Yes, provided they are accompanied by the required mens rea.
- Yes– to say “if these officers weren’t here I’d chin you” would be a hypothetical threat that would not amount to assault.
The defences that may be used for charges of assault and battery include:
- Legitimate consent
- Lawful correction / reasonable chastisement of a child (common assault),
- Prevention and detection of crime / self-defence (under common law).
What is “Corporal Punishment” and is it legal?
s548 of the Education Act 1996 outlaws corporal punishment (physical punishment) in all British schools.
Can beating a child be justified on the ground that it constituted reasonable punishment?
s58 of the Children Act 2004
(1) In relation to any offence specified in ss2, battery of a child cannot be justified on the ground that it constituted reasonable punishment.
(2) The offences referred to in subsection (1) are—
(a) An offence under s18 or 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm);
(b) An offence under s47 of that Act (ABH)
(c) An offence under s1 of the Children and Young Persons Act 1933 (cruelty to persons under 16).
Common Assault/ Battery
s39 Criminal Justice Act 1988
- Application of intentional or reckless unlawful force to another, physical contact occurs but with minor / no injury.
Penalty:
- Summarily– 6 months and/ or fine.
Assaults on Emergency Workers
Assaults on Emergency Workers (Offences) Act 2018
A common assault/ battery committed against an emergency worker acting in the exercise of functions as such a worker is punishable.
Penalty:
- Summarily– 12 months and/ or fine.
- Indictment– 12 months and/ or fine.
Actual Bodily Harm (‘ABH’)?
s47 Offences Against the Person Act 1861
Application of force to another, the victim receives hurt or injury which has disrupted the health or comfort of the victim. Capable of being seen or felt by victim, including psychiatric although this must be supported by medical evidence.
Needs to be proved assault was intended or carried out recklessly. Doesn’t need to be proved they intended to cause injuries that amounted to ABH.
Can be haircut/ nail cutting
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 5 years and/ or fine.
Wounding/ inflicting Grievous Bodily Harm (‘GBH’)
s20 Offences Against the Person Act 1861
Offence to “unlawfully and maliciously ..wound another person” or to “inflict grievous bodily harm”
The victim receives life-changing injuries, e.g breaking all layers of skin (or just inner skin of lip, inner cheek or urethra), broken bones, biological harm, STIs, heavy bleeding or significant psychological injury (also through phone calls).
Age and characteristics of person is taken into account.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 5 years and/ or fine.
Non-fatal Offences Against the Person
Racially or Religiously Aggravated…
- GBH
- ABH
- Common Assault/ Battery
- s29(1)(a) Offences Against the Person Act 1861
- Penalty:
– Summarily– 6 months and/ or fine.
– Indictment– 7 years and/ or fine. - s29(1)(b) Offences Against the Person Act 1861
- Penalty:
– Summarily– 6 months and/ or fine.
– Indictment– 7 years and/ or fine. - s29(1)(c) Offences Against the Person Act 1861
- Penalty:
– Summarily– 6 months and/ or fine.
– Indictment– 2 years and/ or fine.
Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent
s18 Offences Against the Person Act 1861
“Unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person…with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person”.
Penalty:
- Indictment– life.
Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent
What factors may indicate a specific intent?
s18 Offences Against the Person Act 1861
- A repeated or planned attack.
- Deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking glass before.
- Making prior threats.
- Using an offensive weapon against, or kicking a victims head.
An offence under s18 Offences Against the Person Act 1861 can take one of which four different forms?
(a) Wounding with intent to do GBH.
(b) Causing GBH with intent to do so.
(c) Maliciously wounding with intent to resist or prevent the lawful apprehension etc of any person.
(d) Maliciously causing GBH with intent to resist or prevent the lawful apprehension etc of any person.
Assault with Intent to Resist Arrest
s38 Offences Against the Person Act 1861
Whoever shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence (e.g police, security guards etc), shall be guilty of a misdemeanour.
Penalty:
- Either way– 2 years.
Assault of a Constable
s89 (1) Police Act 1996
“Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”
It doesn’t matter if the defendant suspects that its not a police officer, however, if they honestly believe they are acting in self-defence they will have an argument.
Penalty:
- Summarily– 6 months and/ or fine.
Obstruct Constable
s89 (2) Police Act 1996
“Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”
Penalty:
- Summarily– 6 months and/ or fine.
Threats to Kill
s16 Offences Against the Person Act 1861
A person who without lawful excuse (police, self defence) makes to another a threat, INTENDING that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
- It could be immediate or future or conveyed to them or a third person.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 10 years and/ or fine.
Question: Harry has been drinking down the pub when he sees a boy, Steve, that he doesn’t like. Harry tells Steve to put his hand on the dartboard. Steve doesn’t want to but if he doesn’t he is worried Harry will get angry. Harry throws the dart intending for it to go just above Steve’s hand. In fact, because he is so drunk he actually throws it in Steve’s eye, blinding him.
What offence best fits this circumstance?
- GBH (s20)
- The wound is really serious
- He has been reckless to the act.
Question: Edison is the leader of a gang and is hanging around a park. A rival member Carter walks through and is confronted by Edison. Edison produces a compass and holds Carter down scratching him with it over his body 100 times. The injuries are not serious but each cut with the compass is very painful.
Could Edison be guilt of GBH?
- Yes, he could.
- R v Birmingham (2002) outlined that a small number of minor wounds could amount to GBH.
- Although the injury is not ‘really serious’ the act itself is and that combined with the psychological injury could amount to GBH.
Scenario: A driver is speeding, an oncoming driver sees him and flashes his lights warning him as to the Police speed trap up ahead.
What is the offence?
s89 (2) Police Act 1996 – Obstruct Constable
Scenario: A security guard who is trying to arrest a shoplifter for theft and is getting punched in the face.
What is the offence?
s38 Offences Against the Person Act 1861 – Assault with Intent to Resist Arrest
Scenario: A man with HIV sleeps with a woman after a date. He writes ‘Infected Bitch’ on her mirror.
What is the offence?
Offences Against the Person Act 1861 – GBH with intent s18
Scenario: An offender stabbing someone with a bike spoke after making threats on social media.
What is the offence?
Offences Against the Person Act 1861 – GBH with intent s18
