LECTURE 8OFFENCES AGAINST THE

PERSON (2)NON FATAL OFFENCES

Foundation Law 2013/14

Recap-Lecture 8: Offences Against the Person (1) Offences Against the Person (1): FATAL

OFFENCES

What is a “fatal offence”?

Murder & Manslaughter + the actus reus & mens rea of these offences

Murder

Murder“unlawful killing with malice aforethought”

Actus reus of murder: “unlawful killing” Killing must be unlawful Chain of causation The victim must be a living human being

Mens rea of murder: “malice aforethought” Murder is a specific intent crime Intention can be express (express malice-intention to kill)

or implied malice ( intention to cause GBH)

Manslaughter

Manslaughter“unlawful killing WITHOUT malice

aforethought”

Voluntary manslaughter (partial defence): Loss of self control/provocation Diminished responsibility

Involuntary manslaughter: Unlawful act manslaughter Gross negligence manslaughter

Lecture 8- Offences Against the Person (2): Non Fatal Offences What is a fatal/non-fatal offence?

Fatal offences result in the death of the victim

Non-fatal offences: does not result in the death of the victim but infliction of physical and/or mental injury

Learning Outcomes:

Describe and differentiate between the other principle acts of violence against the person:

Common Assault;

Battery;

Assault occasioning actual bodily harm (ABH); and

Assault occasioning grievous bodily harm (GBH)

Common Assault

Section 39 of the Criminal Justice Act 1988 states that common assault is a summary only offence

The statute does not however, define what common assault is

Common law closes this gap

Hence, you will need to read the relevant cases on this topic and cite them as legal authorities!

Common Assault

There are two ways of committing this offence:

Assault (no need for contact and extends to verbal assault (inc. silent calls- R v Ireland (1997)); and

Battery (involves physical application of force)

Common Assault

R v Ireland (1997)

House of Lords defined common assault as an offence that is committed when the defendant intentionally, or recklessly, causes another person to believe he will suffer immediate unlawful violence

NB: its not the actual application of force but an action which causes the victim to believe that immediate unlawful violence will be inflicted

Common Assault

An assault therefore, is committed when a gun is simply pointed at someone, which causes them to believe that immediate unlawful violence will be inflicted!

R v Ireland (1997)

The defendant made silent phone calls to the victims and was found guilty of assault causing actual bodily harm

The House of Lords said that there is no need for any physical contact between the defendant and the victim for an assault to occur

Actus Reus of Common Assault The actus reus of the offence is committed when the defendant

does any act which causes the victim to believe that unlawful violence is about to be inflicted

As outlined in R v Ireland, common assault does not involve the actual application of force, nor any physical contact with the victim

Both silence and shouting of words, as outlined by the House of Lords in R v Ireland, amount to assault

Mens Rea of Common Assault

The mens rea for assault, as established in R v Venna (1976) is intention to cause another to fear immediate unlawful violence or recklessness to cause such fear

The test for recklessness is subjective- the defendant must have realised that there was a risk that his actions or words, could cause the victim to fear unlawful personal violence

Battery

Like common assault, the definition of battery is found in common law. However, Section 39 of the Criminal Justice Act 1988 states that battery is a summary only offence

Battery is the application, intentionally or recklessly, of unlawful force on another person

What is “force”?

Collins v Wilcock (1984)

Force can include the slightest of touching

Examples of battery: punching, slapping, kicking and pushing

Includes the use of indirect force (for example, throwing something at the victim.)

Remember!

Assault- the victim simply fears that immediate unlawful violence will be inflicted

Battery-actual application of force

Actus Reus of Battery

The actus reus of battery is the actual use of force against the victim

The application of force must be UNLAWFUL ( Collins v Wilcock (1984))

Mens Rea of Battery

The mens rea of battery is either an intention to apply unlawful physical force or recklessness as to whether unlawful force has been applied

The test for recklessness is subjective- did the defendant realise that there is a risk that his act (or omission) could cause unlawful force being applied to another?

Remember! For any offence (unless of course its one of strict

liability), BOTH the actus reus and mens rea is required

Fagan v Metropolitan Police Commissioner (1969)

Both the mens rea and the actus reus must exist at the same time for an offence of battery

Assault Occasioning Actual Bodily Harm (ABH)

Section 47 of the Offences Against the Person Act 1861 provides that assault occasioning actual bodily harm is an either way offence which can result in a maximum prison sentence of 5 years

Assault occasioning actual bodily harm is an assault or battery which causes actual bodily harm

To occasion means to “cause”

Actus Reus of Assault Occasioning ABH

The actus reus of assault occasioning actual bodily harm is that of assault or battery

Common Assault: intentionally or recklessly caused the victim to fear immediate and unlawful violence

Battery: application, intentionally or recklessly of unlawful force

Remember!

“Occasioning” means “to cause”

Therefore, the battery or the assault, must have CAUSED/ “OCCASIONED” actual bodily harm

Examples of Assault Occasioning ABH

The harm caused/ “occasioned” can be physical and psychological

Examples of ABH include: Loss of teeth Temporary loss of consciousness Bruising Broken nose Minor fractures and cuts Psychiatric injury A scratch

Mens Rea of Assault Occasioning ABH

The mens rea of ABH is the same for an assault or battery

Common Assault: intention or recklessness to cause fear of immediate unlawful violence

Battery: intention or recklessness to apply unlawful physical force

R v Savage (1991): the defendant will be guilty even though s/he did not intend to cause an injury

Infliction of Grievous Bodily Harm (GBH)

Section 20 of the Offences Against the Person Act 1861:

“whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon another

person, either with or without any weapon or instrument, shall be guilty of an offence triable either

way and being convicted thereof shall be liable to imprisonment of five years”

“Malious Wounding”-definition given by the common law R v Wood (1830) JCC v Eisenhower (1983)

Actus Reus of Section 20 OAPA 1861

The actus reus of section 20 is that the defendant must “wound or inflict grievous bodily harm”

The injuries need to be “grievous” although not be permanent or life threatening

Examples of GBH: Sexually transmitted diseases- R v Dica (2004) Deep wounds (breaking of the skin) Broken/displaced limbs Injuries resulting in a substantial loss of blood Disability Severe internal injuries

Mens Rea of Section 20 GBH

NB: section 20 refers to the infliction of GBH

The mens rea of section 20 GBH is intention or recklessness

R v Parmenter (1991)

Causing GBH with INTENT

Section 18 of the Offences Against the Person Act 1861

Actus Reus of Section 18 offence: “wounding or infliction of grievous bodily harm”

Mens rea: the defendant must actually intend to cause GBH

Section 18 is a specific intention crime

Section 18 v Section 20

Section 18 offence is more serious (carries life imprisonment), the defendant had the intention to cause GBH; whereas

Section 20 intention/recklessness to cause some form of harm

The key difference is therefore, in the mens rea of the offences

Section 18 of the OAPA 1861 is a specific intention offence

See table in the Lecture Handout

Preps. For Seminar 8

Hand-out:

Reading List Jacqueline Martin, “GCSE Law”, 5th Edition,

Chapter 23: Fatal Offences

List of cases

Preparatory Questions