Lecture 8 non fatal offences

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Lecture 8 non fatal offences

  1. 1. LECTURE 8 OFFENCES AGAINST THE PERSON (2) NON FATAL OFFENCES Foundation Law 2013/14
  2. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 16. Remember!  Assault- the victim simply fears that immediate unlawful violence will be inflicted  Battery-actual application of force
  17. 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. 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. 19. Remember!  For any offence (unless of course its one of strict liability), BOTH the actus reus and mens rea is required
  20. 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. 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. 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. 23. Remember!  “Occasioning” means “to cause”  Therefore, the battery or the assault, must have CAUSED/ “OCCASIONED” actual bodily harm
  24. 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. 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. 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. 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. 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. 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. 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. 31. Preps. For Seminar 8  Hand-out:  Reading List  Jacqueline Martin, “GCSE Law”, 5th Edition, Chapter 23: Fatal Offences  List of cases  Preparatory Questions

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