Non Fatal Offences Against the Person by sdfwerte

VIEWS: 202 PAGES: 26

									Non Fatal Offences Against
       the Person
     ABH GBH Wounding
       Criminal Law A2

           Mrs Howe
  Offences Where Injury is Caused
Assault Occasioning Actual Bodily Harm s47
Offences Against the Person Act 1861
Malicious wounding or inflicting GBH s18
 OAPA 1861
Wounding or causing GBH with intent S20
OAPA 1861 (most serious)

                    Mrs Howe
• S 47 of The OAPA 1861
• Triable either way
• Whosoever shall be convicted of assault
  occasioning actual bodily harm shall be liable to
  maximum imprisonment for 5 yrs
• Although an offence created by statute there is
  no definition of the offence or of the required
  means rea
• All these points have been developed through
  case law

                       Mrs Howe
                 Actus reus
• Necessary to prove there has been an assault or
  battery and that this caused actual bodily harm
• ABH can be:-
• Hurt or injury calculated to interfere with health
  and comfort of the victim Miller 1954
• Loss of consciousness R V DPP 2003
• Any injury include graze, bruises
• Psychiatric injury/illness Chan Fook 1994 mere
  emotions. Burstow 1997
                       Mrs Howe
        Mens Rea of AABH
Same as for assault or battery
Intention to cause another to fear immediate
  force or be. Savage 1991
Subjectively Recklessness as to whether
  such fear is caused. Roberts 1971
Omission but only where there is a duty of

                    Mrs Howe
• Create a table of cases for Assault Battery
  and S47

                    Mrs Howe
               Talking Point
• Look at the following cases: Miller 1954, Chan
  Fook 1994 Burstow 1997 R(T) V DPP 2003,
  Roberts 1971, Savage 1991
• Why are cuts, bruises and grazes enough for
  S47 Assault Actual Bodily Harm
• Why would causing psychiatric illness be
• How could loss of consciousness be AOABH
• Why do you not have to show D intended to
  cause ABH
• What mens rea is required for AOABH.

                      Mrs Howe
         S20 OAPA 1861
Malicious Wounding Inflicting GBH
•   Triable either way
•   Max sentence 5 years
•   Higher degree of injury than S47
•   For offence to be proved must show D
    (Actus Reus)
    – Wounded
    – Or Inflicted GBH

                         Mrs Howe
• Means cut or break skin
• Can be inside skin such as cheek but
• Not internal bleeding

• Wounding must break the skin
  – JCC V Eisenhower 1983
  – Wood 1830

                   Mrs Howe
• Must be serious but not:-
   – life threatening DPP V Smith 1961
   – Or really serious Saunder 1985
• V health and age will be taken into account
  when deciding if injury is serious e.g Bruising on
  a baby wld be GBH Bollom 2006
• Psychiatric illness can be GBH Burstow 1997
• Infecting someone with HIV Dica 2004

                       Mrs Howe
• Wide interpretation of inflict
• Originally thought had to be technical a assault
  or battery then GBH/Wounding. Lewis
• Only have to show D actions have lead to V
  suffering GBH
Can be :-
• shouting through a letter box (Assault fear of
  unlawful force) and someone injuring
  themselves as a result of fear. Lewis 1974
• Causing V to suffer severe depression as a
  result of assault. Burstow 1997

                       Mrs Howe
              Mens Rea GBH
• Maliciously is the wording in the act .
• However in Cunningham 1957 it was decided
  Maliciously does not require any ill will to V, but:-
• An intention to do the particular kind of harm that
  was done
• Or recklessness as to whether such harm should
  occur or not. (foresight of consequences but still
  taken risk)
Decision upheld in Parameter 1991
Same Mens Rea for all statutory offences where
  word maliciously appears. Parameter 1991

                        Mrs Howe
        Particular kind of harm

H of L decided that although offence
  requires a wound or GBH, the D :-
• did not have to realise the risk of GBH
• or foresee this kind/seriousness of injury

                    Mrs Howe
• Read pg 117and 118 on Wounding or
  Causing GBH with intent

                 Mrs Howe
      S18-Wounding With Intent
•   More serious than S47, S20
•   Triable on Indictment (Crown Court-Jury)
•   Max sentence 20 years
•   Committed in two ways:-
    – Wounding
    – Or causing GBH
• Same definitions as S20
• Cause has wide meaning. Just need to show D
  act was a substantial cause of the wound or
                        Mrs Howe
                S18 Mens Rea
• S18 is a specific intention crime and therefore intention to
  cause GBH or Resist arrest must be proved.
• Recklessness is not enough
• Maliciously in the wording of offence but not helpful
• Foresight of consequences is not intention. Moloney 1985
• But is evidence from which intention can be inferred or
• Intention cannot be found unless the harm caused was a
  virtual certainty as a result of D actions and D realised it
  was so Nedrick 1986 Woolin 1998
• Lower level of intention for resisting and preventing arrest

                           Mrs Howe
      Mens Rea Of S18(cont)
• Must have been wounding or GBH to
  resist or prevent the lawful apprehension
  or detainer of any person (Resist arrest)
• GBH of police man:-
• in order to resist arrest
• or allow a suspect to get away
• Protection for police
• Morrison 1989
                    Mrs Howe
• Create a Table for the cases for the Actus
  Reus and Mens Rea of S20 and S18

                    Mrs Howe
• Read the scenario on pg 119
• Then answer the questions.

                  Mrs Howe
• Give examples of injuries for each
  sections of OAPA 1861 for
• S47
• e,g bruises, grazes
• S20,
• S18

                    Mrs Howe
• What are the CPS charging standards?
• How can Consent be regarded as a
  defence to offences against a person.
• Answer this question in light of
  relevant case law.
• Why is there a need for reform of the
  Offences Against Persons Act 1861?
• Include references to key proposals by
  the Law Commission.
                  Mrs Howe
• Can consent be a defence? Give reasons
  and relevant cases for your answer.
• What are the CPS charging standards?
• Why does this area of law need to be
  reformed? Give reasons for your answer

                  Mrs Howe
• Read the activity on pg 125 and identify
  what offences have been committed

                    Mrs Howe
• Vinetta and Qaid are partners. Vinetta reluctantly allows him to
  ‘brand’ the letter ‘M’ on her thigh with a piece of hot wire as a token
  of their love. The pain is so great that Vinetta lashes out
  uncontrollably and strikes Qaid in the face breaking his glasses and
  cutting his eyebrow. Qaid is now so annoyed that he retaliates by
  hitting out at Vinetta, catching her in the face and causing her nose
  to bleed. Vinetta storms out saying she will never forgive him for
  hitting her.
  For the next three months Qaid telephones Vinetta at her parents’
  house as many as ten times a day. Each time he threatens her that
  she will ‘regret it’ if she ever decides to go out with another man.
  Vinetta becomes so frightened and depressed by Qaid’s behaviour
  that she cannot leave the house and gives up her job.

• Consider what offences, if any, have been committed by Vinetta and
  Qaid and whether any defences are available to either of them.

                                 Mrs Howe
              Exam Questions
• David is the captain of the Kingsport United football
  team. During an important match against their local
  rivals, David is involved in an accidental clash of heads
  whilst jumping for the ball with an opposing player,
  Martin. David receives a large bruise above his left eye
  and Martin sustains a small graze on his eyebrow. David
  insists on continuing after treatment with a cold sponge
  but is obviously in a dazed condition. A few minutes later
  David jumps wildly into a late challenge on Martin. Martin
  is stretchered off and x-rays later reveal that he has a
  broken ankle. The referee, Sanjay, raises a red card to
  send David off the pitch. In his confused state David
  believes the referee is about to attack him and punches
  Sanjay on the nose causing it to bleed.
  Advise David as to his possible criminal liability. [50]
                           Mrs Howe
Mrs Howe

To top