The document discusses various non-fatal offences under criminal law, including common assault, battery, ABH, GBH, and malicious wounding. It presents scenarios for students to determine which offences are present and explores key cases that have shaped the legal definitions and thresholds for these offenses. The document also assigns group work for students to research and present on specific non-fatal offenses.

1. Non-Fatal
Offences
G153 Criminal Law
Miss Hart

2. What‟s the offence?
All of you should be
able to work out at least
two of the offences.
Most of you should be
able to work out all of
the offences, and what
connects them
Some of you should be
able to tell me which
offence is missing, and
explain what is meant by
L it.

3. Is there an offence (and if so what is it?)

4. Group Work:
Working out the basics…
Each group has one of the key offences to look at.
You are going to produce an A3 summary and a short presentation
outlining the key issues affecting your non-fatal offence.
Each group must produce (E):
A clear definition
Two images related to your offence.
Three basic pieces of information about the offence e.g. sentence, key
terms, types of harm covered etc.
Each group should also include (C):
Three linked cases (one of which is a recent development in your area!)
Each group could also include (A):
Four questions to consider. (These could be problems, issues or
criticisms)

5. What do I mean by this?
Well… this is Miss Hart’s s.18 sheet!
Does this justify the Does a jury really understand
maximum sentence of life wjhat ‘grievous’ means?
for the offence? Ensures D’s actions Same meaning as
Should V die, intention to complete or omissions result for s.20
this offence is sufficient for a charge in harm to V
of murder.
Guidance from CPS
says that it includes:
Wounding or Causing GBH with Intent Deliberate
See group 2 for the
selection of weapon
definition of this! Repeated attack
There’s a bonus crime!
Santana Resist or prevent the lawful Does this make it too hard to
Bermudez apprehension or detainer of prove? IS it justifiable to charge D
(is that a needle in your any person with this,, and convict them of s.20
instead?
pocket, or are you just
This has the same meaning
happy to see me?)
as for murder:
 true desire to bring
Morrison about the consequences; or
Forseeeing death or
serious injury as a virtual
Is it fair that D only has to certainty of D’s actions.
intend to prevent the arrest to
be liable? Matthews & Alleyne

6. Plenary:
Consolidating the basics...
Offence Section/Act Max Sentence S/TEW/I Includes...
Common
assault and/or
battery
Assault
occasioning
ABH
Malicious
wounding or
inflicting GBH
Wounding or
causing GBH
with intent
s.18 OAPA 1861 s.20 OAPA 1861
Charged under s.39 s.47 OAPA 1861
Criminal Justice Act

7. Starter:
What‟s the offence?
1. D pushes V in the 2. D is caught 6. D digs a hole
back, causing a shoplifting. He and waits for 5. D is caught by
red mark punches a V to fall in. V the police
policeman who breaks his whilst he is
is arresting him leg during staring
the fall through a
girl's
3. D punches V in bedroom
the face, 4. D throws a cricket ball at V, knowing he
window
breaking her cannot catch it. It hits V on the head and he
nose. is knocked unconscious
9. D intentionally shoots V in his
leg, and the leg ends up being
7. D likes to 8. D slaps V, who loses his
amputated
touch balance and falls, hitting his
women's hair head. He suffers severe head
on the bus injuries because of a bone 10. D kicks out at V, but misses
without them disorder that makes his skull and hits X, causing a small
knowing weak. cut on the leg

8. Starter:
How many non-fatal offences can you name?
All students should be able to name a
range of non-fatal offences.
Most students should be able to explain a
range of their offences, and what it covers.
Some students should be able to illustrate
their offences with a relevant case.
Least to most serious

9. “Apprehends “ immediate
“Unlawful“
Offence One:
Assault
An act by which a person
intentionally or recklessly
causes another to
apprehend immediate and
unlawful violence.
Can you assault someone verbally?
Stage One: words + actions?
Turbeville v Savage
R v Light
Student Task: Which case is there an assault in and why?

10. Stage Two: Words only?
Starting with...Meade & Belt
...and some practical approaches.
On a train scream “I’m going to kill you” out of a window at V on
the platform. The train keeps going...
... Are you liable?
... How can words negate your liability?
...Then the relevant case(s) we looked at earlier:
So are words alone enough?
Stage Three: What about silence?
R v Ireland
1. What had Ireland done? 5. What is the key ingredient in assessing whether
Ireland’s actions had constituted an assault?
2. What offence had he been charged with?
6. What is the test that will be put before the jury?
3. Why does Steyn argue that words (or gestures)
are sufficient for assault? 7. How does Lord Hope justify upholding the
conviction?
4. How were the facts of Ireland not covered by the
idea that words may be enough for assault? 8. Do you agree?

11. Independent Study:
A Very Recent Development
You are going to find out about the most recent changes, which
Only a few months after came into effect in November 2012.
IRELAND (and one of
One suggested source:
the reasons the judges
http://www.bbc.co.uk/news/uk-20482930
decided they way they
did) the Protection from 1. Why did the government feel the need to bring in legislation
Harrassment Act 1997 targeted at stalking?
came into effect.
2. What does the new law do?
Which was used to
3. How effective do you think the changes to the law are?
prosecute harrassment
offences, and created 4. Look at the report of the first person convicted under the
new offences including law. What do you think? Could he have been convicted of a
creating fear of non-fatal offence instead? Why? Why not?
violence, punishable by a
maximum of 5 years. http://www.thisissomerset.co.uk/Dutch-teenager-stalked-
Somerset-girl-enter-UK/story-17639460-detail/story.html
However, it was not
Extension:
good enough! How would these laws have affected the case of Ireland? Why?

12. Finally...
Move the following words to complete the definition of assault
An act by which...
a person unlawful violence
immediate and causes another
to apprehend
intentionally or recklessly
Challenge: can you rewrite the offence to include at least one recent development?

13. Starter:
How well have you learnt?
You are going to see 10 situations. You need to decide whether it
is a case of assault, battery or no crime.
D sings threatening
D has an argument with V and D texts V every D picks up gun songs outside V’s house
throws a drink in her face hour claiming and holds it in every night for an hour.
that they are V’s face, without
coming to kill V. saying anything.
It has been 12 Neither think D sneaks up on V while
D is on a bus and trips getting hours since they that it is loaded they are sleeping and
up, falling into V started cuts their hair.
D climbs up a D likes to touch
D puts a ladder and freshly dried
D says to V “If it wasn’t for the police in the clothes, when
metal bar stares in V’s
street, I’d take out this knife and use it on you,” they are on the
across the window every
whilst putting his hand in his pocket. He hasn’t line.
door and night.
got a knife.
shouts fire
Developing your response:
Can you link any of these to a case as evidence?

14. “It has long been established
that any touching of another,
however slight, may amount to
battery”
Offence Two: Collins v Willock
Battery
Act or
New
omission?
situations:
Hostility?
Indirect
force?
The application of unlawful force to another

15. Offence Three:
Assault occasioning Actual
Bodily Harm
The offence is committed when a person assaults another,
thereby causing actual bodily harm, which is an either way
offence and carries a maximum penalty on indictment of five
years' imprisonment and/or an unlimited fine not exceeding
the statutory maximum
s.47 Offences Against the Person Act 1861
Highlight the key words in the
definition

16. “any hurt calculated to
interfere with the “no so trivial as to be
health or comfort of
the victim” or insignificant”
R v Chan-Fook 1994
R v Miller 1954
Actual
bodily
AR MR

17. Psychiatric Harm
So, physical harm is easy- after all it leaves marks. But
what about psychiatric harm?
R v Chan Fook 1994
1. What does the ‘body’ include?
2.What is excluded from psychiatric
harm?
3.What evidence should the prosecution
advance?
4.Do they think there will be a lot of
cases?
5.What is the outcome of the appeal?
Do you agree? Why/why not?
Linking the Law: what impact does this decision have on the law of manslaughter?

18. Plenary:
How do these pictures relate to what you
have learnt today?

19. Starter:
Can you find the cases?
Was an assault No assault
All of you should be able to find the
cases (careful...some of them are split up!)
Most of you should be able to divide
them into those which were and
weren’t convicted of assault
Some of you will be able to use the
cases to write a more modern and
inclusive definition of assault.

20. So, Now you know ABH.
True or false to each one of the following
statements...
E grade: C grade: Case A grade: exception,
T or F as evidence development or however...
1. Assault here carries the same
meaning as elsewhere in the law.
2. D can be found liable for ABH, where
he never intended or was reckless as
to that level of injury.
3. Transient harm is sufficient to a
charge of ABH
4. Panic and fear are enough for a
charge of ABH
5. Loss of consciousness is enough for
ABH

21. Offence Four:
Malicious Wounding or inflicting grievous bodily
harm
Whosoever shall unlawfully and maliciously What are
What is the the two
mens rea? wound or inflict any grievous bodily harm
upon any other person, either with or without types of AR?
a weapon or instruments shall be guilty of an
offence and shall be liable to imprisonment for
not more than five years.
s.20 Offences Against the Person Act 1861
What is the sentence? How does this compare to s.47?

22. In reality, what does this mean?
AO1
Develop your
Wound understanding...
“A cut or break in the
continuity of the skin” What about a broken bone?
Wood 1830
JCC v Eisenhower 1983 What is classed as ‘skin’?
Shadbolt
What issues with this definition can you
identify?

23. Applying the law.
„Grievous‟ Harm Look at these injuries. Which would you class as
‘serious’?
“no more and no less than serious”
R v Saunders 1985, confirmed
in R v Brown 1994
How do we judge
‘serious’?
R v Bollom 2004
Linking the Law: which other legal
rule could explain the decision in
this case?

24. “Inflict” It’s especially problematic because the more
serious offence of s.18 GBH uses the word ‘cause’
... Can you spot the wierd conclusion that the
historical approach leads to?
D digs a hole in the road, meaning to harm V. He
then waits until V drives by and drives into the
hole, causing V to break his leg.
Has he inflicted the harm?
Or caused it? R v Ireland, Burstow
A different way forward?
Why was the meaning of the word ‘inflict’ a
problem in these cases?
Historical
Approach
“I am not saying that the words cause and inflict
R v Lewis are exactly synonymous. They are not. What I am
saying is that in the context of the Act of 1861 one
can nowadays quite naturally speak of inflicting
psychiatric injury. Moreover, there is internal
R v Wilson (Clarence) contextual support in the statute for this view. It
would be absurd to differentiate between sections
18 and 20 in the way argued on behalf of
Burstow.”
What issues are there with this interpretation
of the law?

25. What impact does this decision have?
Psychiatric Biological GBH
Injury
1. What does it mean?
R v Burstow 1997
1. Is an assault necessary for a
conviction under s.20?
2. Why is this reliant on the
2. Can you ‘inflict’ a psychiatric injury? broad interpretation?
Extension: Can you explain how the
3. How can you inflict it
HL developed the law recklessly
from the decision in
Wilson (Clarence)?

26. Have you understood?
Examine whether the current approach of the courts to transmission
of a disease is the correct approach. Ensure you refer to a case in your A
conclusions.
Discuss one of the problems in the current law on NFOAP and link to a
relevant case. B
Describe the approach of the courts to psychiatric harm as part of
NFOAP C
Explain the difference between common assault and battery, using a
case to illustrate. D
Identify what is meant by ‘wounding’ and illustrate with a case. E

27. Biological GBH:
What did the old approach mean?
R v Clarence
His conviction for s.20 GBH and s.47 ABH was
quashed on appeal... why?
But meanwhile in Canada...
R v Cuerrier
Charged with aggravated assault
Fraudulent transmission of HIV may be an offence
(informed consent)
“duty to disclose”

28. What impact did Ireland have on this area of the law?
R v Dica 2004
Judge LJ “remove some outdated
restriction against the successful
prosecution of those who,
knowing that they are suffering
HIV or some other serious sexual
disease, recklessly transmit it
through consensual sexual
intercourse and inflict GBH on a
person from whom threat is
concealed.”
This was confirmed in
R v Konzami 2005 Linking the Law:
what defence might this issue link
to?

29. Moral issues:
Criminal transmission
...or public health issue?
This is a very controversial area of the law.
Many people feel that the criminal law is an inappropriate
place to deal with these issues. What do you think?
 D, who was 18, transmitted HIV to her boyfriend, also 18.
She was infected by a previous partner when she was 15,
and heard rumours he was HIV+.
30% of people with HIV do not know they have it
Has also been expanded to include Herpes and Hepatitis.
Is passing on a cold or the flu a criminal offence?

31. Homework:
Do you agree with the approach of the law?
http://news.bbc.co.uk/1/hi/health/5282806.stm
http://www.timesonline.co.uk/tol/life_and_style/health/features/arti
cle1101221.ece
Produce a piece of well argued writing looking at whether
reckless transmission of HIV should be a prosecutable offence
or not.

32. “Maliciously”
This sounds like it should mean....
R v Parmenter 1991
But the court has said it actually
means....
And therefore means that the test
is...
Thinking:
R v G&R (confirming R v What criticisms does this this area raise?
Cunningham)

33. Were they barred from Run... fall... I don't Starter:
Name the case...
remember anything
the theatre? else.
Clarence was Pretty Naval officers can
Then: which offence was in
a very skirt. be remarkably question in the case?
naughty boy quiet... (and scary)
ASSAULT
BATTERY
Hmm... should I get my Eye eye, ASSAULT OCCASSIONING
sword out? that's gotta ACTUAL BODILY HARM
to (bleeding) INFLICTING GBH
That was a I can see hurt!
hairy crime! you... if not
Girls and
touch you!
coats can be
dangerous.
silence is Brum!
golden - at Words can
convicting constantly hurt
you He isn’t
aiding my
I told you school
beer can health at all!
toilets were
be bloody dangerous!

34. Offence Five:
Wounding or causing grievous bodily
harm with intent
Whosoever shall unlawfully and
maliciously by any means whatsoever
Can you spot all the
wound or cause any GBH to any person, crimes?!
or with intent to resist or prevent the Element 1
lawful apprehension or detainer of any
person shall be guilty of an offence and
be liable on indictment for a sentence Element 2
of up to and including life.
s.18 Offences Against the Person Act 1861 Element 3
Element 4
Which words can you already
define and explain?
This is the most serious non-fatal offence we have. Intention to commit this is enough
for which other offence?

35. What about the other offence in
s.18?
R v Morrison 1989
s.18 requires an unlawful
and malicious wounding
with intentto resist
the lawful
apprehension of the
person.

36. Mens Rea... Types of Intent
“.. with intent”
To do what?
Direct Oblique
 some serious harm; or
Resist or prevent lawful
apprehension.
What about the word
maliciously?
“the word ‘maliciously’ adds
nothing to the definition.”
R v Mowatt 1968

37. Some Practicalities...
Alternative
convictions...
The Charging standards... s.18  s.20
A practical solution to a complicated law! Savage
s.20  s.47
Use the information to outline some of the key Mondair
types of harm which the CPS will using to decide
what to charge you with
Examples of Harm Aggravating factors?
Common assault
& battery
s.47 assault
occasioning ABH
s.20 inflicting
GBH or
wounding
s.18 causing GBH
or wounding
with intent

38. Can you match the definition to
the origin?
Here’s one done for you!

39. Group Work:
Any more to add to the basics?
Each group has one of the key
offences to look at. You have your sheet, and 15
You are going to produce an A3 summary
minutes...
and a short presentation outlining the key
issues affecting your non-fatal offence.
is there anything else on your
Each group must produce (E):
A clear definition area you think you should
Two images related to your offence. include?
Three basic pieces of information about
the offence e.g. sentence, key terms, types
of harm covered etc.
Remember: these will form
the basis of your revision
Each group should also include (C): notes on these topics
Three linked cases (one of which is a (there will be no additions
recent development in your area!)
from Miss H!)
Each group could also include (A):
Four questions to consider. (These could
be problems, issues or criticisms)

40. Applying what you have learnt
Student Task:
Colour criteria
Working in pairs or threes, you are going to
Red The statement is answer one section C question using paper
false (and another for a
reason!)
chains
Green The statement is true
(and another for a
But before the creative bit...
reason!) What are the essential things to remember
when answering a section C?
Blue definition
Orange application of key Our list for success:
elements.

41. Martin sleeps with Claire but doesn’t tell her he has HIV, as he hasn’t been officially
diagnosed. Claire’s brother, Wayne, later finds out from a friend that Martin is HIV
positive, and is furious. He sends Martin over fifty text messages threatening to harm
him and let him ‘bleed to death’. Martin does not know who is sending the messages,
but is now too terrified to leave his house.
Meanwhile, Claire has been diagnosed with HIV and wants revenge. She takes her airgun
to Martin’s house and fires it through the letter box. Martin, terrified, leaps backwards
and breaks his leg. In addition, the pellet hits him in the stomach, causing his stomach to
bleed internally.
Evaluate the accuracy of each of the four statements A, B, C, and D individually, as
they apply to the facts in the above scenario.
Statement A: Martin is liable for a s.20 offence by transmitting HIV to Claire
Statement B: Wayne is not liable for an assault as he did not touch Martin.
Statement C: Claire is liable for s.20 wounding for causing the internal bleeding
Statement D: Claire is not liable for Martin’s broken leg as she didn’t cause it directly.

42. Sergei is driving his car at speed. Dasha, a pedestrian, has to leap out of Sergei’s way
and she falls over, suffering cuts and bruises. Adrian, a passer by, helps Dasha to her
feet. Dasha’s boyfriend, Miroslav, sees Dasha fall. He runs over and shouts at Adrian
“Let her go or die!”. Miroslav drags Sergei from the car and kicks him repeatedly,
breaking three of Sergei’s ribs.
Evaluate the accuracy of each of the four statements A, B, C, and D individually, as they
apply to the facts in the above scenario.
Statement A: Sergei will be liable for a section 20 OAPA 1861 offence.
Statement B: Sergei will be liable for a section 47 OAPA 1861 offence.
Statement C: Miroslav will not be guilty of an assault on Adrian.
Statement D: Miroslav will be liable for a section 20 OAPA 1861 offence

43. Law Commission 1993
“Complicated, obscure and old-fashioned language.”
4. There is a lot of inconsistency in the 1. Although this only requires
Battery act. Because it was a consolidating the slightest touch by D, the
statute, different terms have been modern use of the word
used, and are now held by the courts implies more serious harm
Fear and to mean the same thing. If Parliament
apprehend stepped in and clarified it, it would be
helpful!
5. The word fear used to be used to 2. This is a
Resist arrest confusing
describe V's reaction. This was a
problem as many men wouldn't admit inclusion, and
Cause and it, and it is too broad. Apprehend has seems unduly
inflict been interpreted quite widely. harsh.
6. This means something different legally
Assault and has adopted a different meaning over 3. Hard to tell what
the years, meaning to cause harm. When this means. 'serious' is
we are talking about a 'serious assault' we the current definition,
Grievous are really talking about GBH rather than and is quite a
fear of unlawful force subjective word.

44. So what does the government do?

45. New offences
Present Proposed New Changes MR? Max Penalty
Offence Offence
s.18
s.20
s.47
Assault & Battery

46. What about the language of the reforms?
injury
assault
cause
serious
recklessness

47. True or False?
Based on your understanding of this lesson, answer the following
questions.
The government proposed a bill to reform non-fatal attempts
Serious was not defined in the bill
The maximum sentence for reckless serious injury would be 5 years
Assault would stay the same
The mens rea for clauses 2 and 3 would stay the same as for the current
offences (s.20 and s.47)
Transmission of a disease would still be an offence under the new act.
Injury would include physical and psychiatric harm
Wounding does not appear in the bill

48. Starter:
Will you be hexed by the hexagon?
Lollipop Level: No
handouts, just brains and
teamwork
Sticker level: a third
player in the team... Your
handout or textbook!
Too easy?
Can you explain how the
laws on harassment have
developed since the
1997 Act?

49. Sinita and Mina share a flat. One night This is a problem question and will
Sinita finds Mina kissing Sinita’s
boyfriend, Alberto. She picks up a glass of
appear in part b of the paper.
water, raises it in the air and shouts at
Mina, “You hussy, I’ll kill you!” She tries to You will have three and must answer one of them.
throw the water at Mina but the glass
slips from her hand and strikes Mina in
the face cutting her forehead. They are worth 50 marks (25 AO1, 20 AO2 and 5
Ao3) and should be logical, detailed and well
Alberto is so angry that he pushes Sinita applied... In fifty minutes
and she falls backwards over a stool onto
the floor and is knocked unconscious for a
few seconds. You should refer to at least eight well explained
cases and will need to know your definitions to
When Sinita recovers consciousness she is help.
still dizzy and stumbles towards Mina
knocking her onto the floor. Mina suffers
a fractured arm. You should deal with each defendant seperately
(subheadings can be useful)
Later that evening, when Sinita is
sleeping, Mina gets a pair of scissors and
cuts off Sinita’s ponytail in an act of You need to remember:
revenge. O
C
Discuss the potential criminal liability of
Sinita, Alberto and Mina for the above D
incidents. [50] In structuring your answer.

50. Stage One: highlight and annotate the problem, identifying relevant cases, statutes
and definitions.
Sinita and Mina share a flat. One night Sinita finds Mina kissing
Sinita’s boyfriend, Alberto. She picks up a glass of water, raises it
in the air and shouts at Mina, “You hussy, I’ll kill you!” She tries to
throw the water at Mina but the glass slips from her hand and
strikes Mina in the face cutting her forehead.
Alberto is so angry that he pushes Sinita and she falls backwards
over a stool onto the floor and is knocked unconscious for a few
seconds.
When Sinita recovers consciousness she is still dizzy and stumbles
towards Mina knocking her onto the floor. Mina suffers a
fractured arm.
Later that evening, when Sinita is sleeping, Mina gets a pair of
scissors and cuts off Sinita’s ponytail in an act of revenge.
Discuss the potential criminal liability of Sinita, Alberto and
Mina for the above incidents. [50]

51. Stage Two: Start planning your answer by noting down the OCD issues for each
defendant.
Sinita and Mina share a flat. One night Sinita finds Mina kissing Sinita
Sinita’s boyfriend, Alberto. She picks up a glass of water, raises it
in the air and shouts at Mina, “You hussy, I’ll kill you!” She tries to
throw the water at Mina but the glass slips from her hand and
strikes Mina in the face cutting her forehead.
Alberto is so angry that he pushes Sinita and she falls backwards
over a stool onto the floor and is knocked unconscious for a few
seconds. Mina:
When Sinita recovers consciousness she is still dizzy and stumbles
towards Mina knocking her onto the floor. Mina suffers a
fractured arm.
Later that evening, when Sinita is sleeping, Mina gets a pair of Alberto:
scissors and cuts off Sinita’s ponytail in an act of revenge.
Discuss the potential criminal liability of Sinita, Alberto and
Mina for the above incidents. [50]

52. Hint: with non-fatal offence questions, focus on the harm as the starting point!
Stage Three: Plan and write the essay!
Main:
Introduction:
This considers the issues as they apply to each character.
This should identify the
You must ensure that you are clearly explaining each
issues that the problem has
element (definitions and origins... Including the facts of
raised and what you are
any relevant case) and then applying these to the
going to talk about...
situation to come to a conclusion.
Remember: even the obvious must be stated! The
examiner cannot mark what you do not write down!
Conclusion: “Sinita may be liable for inflicting a wound under s.20 OAPA 1861 for the
cut to Mina’s head. This is because the courts have clearly defined a
wound as a cut in all layers of the skin, which seems to be the case here.
Overall, what do you think This definition was confirmed by the courts in the case of Eisenhower,
the court is likely to find who shot V in the eye with a pellet. The court held that although it
them liable for and why? caused the blood vessels in his eye to burst, it was not a wound as it had
not broken the skin.”

53. Homework:
Finally...
1. Continue revising for your Mock
Criminal Law Exam next week
How confident are you with
what you’ve got to do for a
13A 25th April 2012
problem question?
13C 26th April 2012
2. Write up the problem question we
have just planned.
If you want it marked and back
before the mock exam ensure it Not at Very
gets to me before the end of all
school on Monday 23rd April.