Lecture 8 non fatal offences
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  • 1. LECTURE 8 OFFENCES AGAINST THE PERSON (2) NON FATAL OFFENCES Foundation Law 2013/14
  • 2. Recap-Lecture 8: Offences Against the Person (1)  Offences Against the Person (1): FATAL OFFENCES  What is a “fatal offence”?  Murder & Manslaughter + the actus re us & m e ns re a of these offences
  • 3. Murder  Murder “unlawfulkillingwithmaliceaforethought”  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)
  • 4. Manslaughter  Manslaughter “unlawful killingWITHOUTmaliceaforethought”  Voluntary manslaughter(partial defence):  Loss of self control/provocation  Diminished responsibility  Involuntary manslaughter:  Unlawful act manslaughter  Gross negligence manslaughter
  • 5. 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
  • 6. 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)
  • 7. 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 He nce , yo u willne e d to re ad the re le vant case s o n this to pic and cite the m as le g alautho ritie s!
  • 8. 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)
  • 9. Common Assault  R v Ireland (1997)  House of Lords defined common assault as an offence that is committed when the defendant inte ntio nally, o r re ckle ssly, cause s ano the r pe rso n to believehe willsuffe r im m e diate unlawfulvio le nce  NB: its not the actual application of force but an action which causes the victim to believe that immediate unlawful violence will be inflicted
  • 10. 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!
  • 11. 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
  • 12. Actus Reus of Common Assault  The actus reus of the offence is committed when the defendant does any act which causes the victim to be lie ve 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
  • 13. 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
  • 14. 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 applicatio n, inte ntio nally o r re ckle ssly, o f unlawful forceo n ano the r pe rso n
  • 15. 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.)
  • 16. Remember!  Assault- the victim simply fears that immediate unlawful violence will be inflicted  Battery-actual application of force
  • 17. 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))
  • 18. 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?
  • 19. Remember!  For any offence (unless of course its one of strict liability), BOTH the actus reus and mens rea is required
  • 20. 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
  • 21. 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”
  • 22. 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
  • 23. Remember!  “Occasioning” means “to cause”  Therefore, the battery or the assault, must have CAUSED/ “OCCASIONED” actual bodily harm
  • 24. 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
  • 25. 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
  • 26. Infliction of Grievous Bodily Harm (GBH)  Section 20 of the Offences Against the Person Act 1861: “who so e ve r shallunlawfullyandmaliciouslywoundorinflict anygrievous bodilyharmupo n ano the r pe rso n, e ithe r with o r witho ut any we apo n o r instrum e nt, shallbe g uilty o f an o ffe nce triable e ithe r way and be ing co nvicte d the re o f shall be liable to im priso nm e nt o f five ye ars”  “Malio us Wo unding ”-definition given by the common law  R v Wood (1830)  JCC v Eisenhower (1983)
  • 27. 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
  • 28. 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)
  • 29. 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 intendto cause GBH  Section 18 is a specific intention crime
  • 30. 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
  • 31. Preps. For Seminar 8  Hand-out:  Reading List  Jacqueline Martin, “GCSE Law”, 5th Edition, Chapter 23: Fatal Offences  List of cases  Preparatory Questions