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What is Non-Fatal Offenses Against the Person? Examples and Cases

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Evie (Yr 12)

21/12/2022

Law

Non-fatal Offenses against the person

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What is Non-Fatal Offenses Against the Person? Examples and Cases

Non-fatal Offences Against the Person encompasses crucial aspects of criminal law dealing with varying degrees of harm inflicted upon individuals. This comprehensive guide explores assault, battery, actual bodily harm (ABH), and grievous bodily harm (GBH), detailing their legal definitions, requirements, and relevant case law.

Key aspects include:

  • Common law and statutory foundations through the Non-fatal Offences against the Person Act 1861
  • Detailed examination of actus reus and mens rea of battery and assault
  • Progressive severity from common assault to GBH
  • Significant non-fatal offences cases establishing legal precedents
  • Sentencing guidelines and practical applications
...

21/12/2022

1984

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

View

Assault

Assault is a fundamental concept in Non fatal offences Criminal Law. This page delves into the legal definition and elements of assault.

The law on assault is primarily defined by common law, with the Criminal Justice Act 2003 confirming these provisions. Assault consists of two key elements: the actus reus and the mens rea.

Actus Reus of Assault: The actus reus is defined as "causing the victim to apprehend immediate and unlawful violence." This can be broken down into three components:

  1. Causing the victim to apprehend violence
  2. The violence must be immediate
  3. The violence must be unlawful

Mens Rea of Assault: The mens rea, as defined in the case of R v Savage, is "intentionally or recklessly causing the victim to apprehend immediate & unlawful violence."

Example: In the case of R v Ireland, it was established that even silence can constitute an assault if it causes the victim to apprehend immediate and unlawful violence.

Several important cases have shaped the interpretation of assault:

  1. R v Constanza: Established that the violence must be immediate.
  2. Smith v Superintendent of Woking: Determined that the victim's fear is sufficient for assault.
  3. Tuberville v Savage: Demonstrated that words can negate an assault.
  4. R v Lamb: Confirmed that the victim's fear is required for assault.

Vocabulary: Direct intention refers to the defendant's main aim, desire, or purpose, as defined in R v Mohan.

The concept of recklessness in assault is defined by R v Cunningham, which asks three questions:

  1. Does the defendant take a reckless risk?
  2. Does the defendant know this risk?
  3. Do they proceed anyway?

Highlight: Understanding the nuances of assault, including the concepts of intention and recklessness, is crucial for accurately identifying and prosecuting this offence.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

View

Battery

Battery is another key concept in Non fatal Offences against the person. This page explores the legal definition and elements of battery.

The law on battery, like assault, is primarily defined by common law, with the Criminal Justice Act 2003 confirming these provisions. Battery also consists of two key elements: the actus reus and the mens rea.

Actus Reus of Battery: The actus reus is defined as "the unlawful application of unlawful force." This can be broken down into four types of acts:

  1. Direct act
  2. Indirect act
  3. Continuing act
  4. Omission

Mens Rea of Battery: The mens rea, as defined in R v Venna, is "intentionally or recklessly apply unlawful force to the victim."

Example: In Collins v Willcock, it was established that any touching, however slight, may amount to a battery. This demonstrates the broad scope of this offence.

Several important cases have shaped the interpretation of battery:

  1. R v Thomas: Established that touching a person's clothes is equivalent to touching them.
  2. R v Haystead: Determined that unlawful application can be applied to someone else as long as the victim is harmed.
  3. Fagan v MPC: Demonstrated that the mens rea and actus reus don't need to occur simultaneously for a conviction.
  4. DPP v Santana-Bermudez: Established that failure to prevent battery can itself be a battery.

Vocabulary: Indirect intention refers to cases where serious injury is a virtual certainty and the defendant foresees it as such, as defined in R v Nedrick.

The concept of recklessness in battery, like in assault, is defined by R v Cunningham, which applies the same three-question test.

Highlight: Battery differs from assault in that it involves actual physical contact, whereas assault only requires the apprehension of immediate unlawful violence.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

View

Actual Bodily Harm (ABH)

Actual Bodily Harm (ABH) is a more serious Non fatal offence than assault or battery. This page explores the legal definition and elements of ABH.

ABH is the least serious non-fatal offense found in the Non fatal Offences against the person Act 1861, although section 47 of this act only defines the punishment. The offence itself is defined through case law and common law principles.

Actus Reus of ABH: The actus reus is defined as "any assault or battery occasioning actual bodily harm." This can be broken down into three components:

  1. An assault or battery
  2. Which causes
  3. Actual bodily harm

Mens Rea of ABH: The mens rea is "intentionally or recklessly to cause an assault or battery." Importantly, a defendant does not need to foresee ABH itself, only the assault or battery.

Definition: Actual bodily harm is defined in R v Miller as "any hurt or injury which is more than transient & trifling."

Several important cases have shaped the interpretation of ABH:

  1. R v Chan-fook: Established that the harm should not be so trifling that it is wholly insignificant.
  2. DPP v Smith: Determined that ABH is not limited to harm to the skin.
  3. T v DPP: Established that loss of consciousness can amount to ABH.

Example: In an ABH case example, if someone punches another person, causing a black eye that lasts for several days, this would likely be classified as ABH rather than simple battery.

The concepts of intention and recklessness in ABH follow the same principles as in assault and battery, with cases like R v Mohan, R v Nedrick, and R v Cunningham providing guidance.

Highlight: ABH is a more serious offence than assault or battery, reflected in its potential for more severe sentencing. Understanding the threshold for "actual bodily harm" is crucial for correctly classifying these offences.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

View

Grievous Bodily Harm (GBH) s.20

Grievous bodily harm (GBH) is one of the most serious Non fatal offences against the person. This page focuses on GBH under section 20 of the Offences Against the Person Act 1861.

GBH is split into two offences: GBH s.20 and GBH s.18. GBH s.20 carries a lower sentence and is differentiated based on the intention of the defendant.

Actus Reus of GBH s.20: The actus reus is defined as "unlawfully & maliciously wound, or inflict any grievous bodily harm upon any person." The definitions of "wound" and "grievous bodily harm" are laid out in common law.

Mens Rea of GBH s.20: The mens rea is "intention or recklessness to cause 'some harm'."

Definition: A wound is defined in JCC v Eisenhower as "broken both layers of the skin with a loss of blood."

Several important cases have shaped the interpretation of GBH:

  1. DPP v Smith: Defined grievous bodily harm as "really serious harm."
  2. R v Bollom: Established that injuries caused to an infant or elderly person will be considered more severe.
  3. R v Dica: Determined that biological harm can be grievous bodily harm.
  4. R v Burstow: Established that psychiatric harm can be grievous bodily harm.

Example: In a GBH case example, if someone attacks another person with a weapon, causing deep cuts requiring stitches and potentially leaving permanent scars, this would likely be classified as GBH rather than ABH.

The case of R v Parmenter is mentioned but not fully explained in the provided transcript.

Highlight: GBH s.20 represents a significant escalation in the severity of non-fatal offences. The interpretation of "really serious harm" can vary depending on the circumstances and the victim, as demonstrated by cases like R v Bollom.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

View

Grievous Bodily Harm Section 20

This chapter examines GBH under Section 20, focusing on serious injuries caused with recklessness or intent.

Definition: GBH s.20 involves unlawfully and maliciously wounding or inflicting grievous bodily harm.

Example: In DPP v Smith, grievous bodily harm was defined as "really serious harm."

Highlight: The case of R v Bollom established that injuries to vulnerable victims like infants or elderly persons are considered more severe.

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Subjects

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Law

What is Non-Fatal Offenses Against the Person? Examples and Cases

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Evie (Yr 12)

@ev1e.d

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Non-fatal Offences Against the Person encompasses crucial aspects of criminal law dealing with varying degrees of harm inflicted upon individuals. This comprehensive guide explores assault, battery, actual bodily harm (ABH), and grievous bodily harm (GBH), detailing their legal definitions, requirements, and relevant case law.

Key aspects include:

  • Common law and statutory foundations through the Non-fatal Offences against the Person Act 1861
  • Detailed examination of actus reus and mens rea of battery and assault
  • Progressive severity from common assault to GBH
  • Significant non-fatal offences cases establishing legal precedents
  • Sentencing guidelines and practical applications
...

21/12/2022

1984

 

12

 

Law

111

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

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Assault

Assault is a fundamental concept in Non fatal offences Criminal Law. This page delves into the legal definition and elements of assault.

The law on assault is primarily defined by common law, with the Criminal Justice Act 2003 confirming these provisions. Assault consists of two key elements: the actus reus and the mens rea.

Actus Reus of Assault: The actus reus is defined as "causing the victim to apprehend immediate and unlawful violence." This can be broken down into three components:

  1. Causing the victim to apprehend violence
  2. The violence must be immediate
  3. The violence must be unlawful

Mens Rea of Assault: The mens rea, as defined in the case of R v Savage, is "intentionally or recklessly causing the victim to apprehend immediate & unlawful violence."

Example: In the case of R v Ireland, it was established that even silence can constitute an assault if it causes the victim to apprehend immediate and unlawful violence.

Several important cases have shaped the interpretation of assault:

  1. R v Constanza: Established that the violence must be immediate.
  2. Smith v Superintendent of Woking: Determined that the victim's fear is sufficient for assault.
  3. Tuberville v Savage: Demonstrated that words can negate an assault.
  4. R v Lamb: Confirmed that the victim's fear is required for assault.

Vocabulary: Direct intention refers to the defendant's main aim, desire, or purpose, as defined in R v Mohan.

The concept of recklessness in assault is defined by R v Cunningham, which asks three questions:

  1. Does the defendant take a reckless risk?
  2. Does the defendant know this risk?
  3. Do they proceed anyway?

Highlight: Understanding the nuances of assault, including the concepts of intention and recklessness, is crucial for accurately identifying and prosecuting this offence.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

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Battery

Battery is another key concept in Non fatal Offences against the person. This page explores the legal definition and elements of battery.

The law on battery, like assault, is primarily defined by common law, with the Criminal Justice Act 2003 confirming these provisions. Battery also consists of two key elements: the actus reus and the mens rea.

Actus Reus of Battery: The actus reus is defined as "the unlawful application of unlawful force." This can be broken down into four types of acts:

  1. Direct act
  2. Indirect act
  3. Continuing act
  4. Omission

Mens Rea of Battery: The mens rea, as defined in R v Venna, is "intentionally or recklessly apply unlawful force to the victim."

Example: In Collins v Willcock, it was established that any touching, however slight, may amount to a battery. This demonstrates the broad scope of this offence.

Several important cases have shaped the interpretation of battery:

  1. R v Thomas: Established that touching a person's clothes is equivalent to touching them.
  2. R v Haystead: Determined that unlawful application can be applied to someone else as long as the victim is harmed.
  3. Fagan v MPC: Demonstrated that the mens rea and actus reus don't need to occur simultaneously for a conviction.
  4. DPP v Santana-Bermudez: Established that failure to prevent battery can itself be a battery.

Vocabulary: Indirect intention refers to cases where serious injury is a virtual certainty and the defendant foresees it as such, as defined in R v Nedrick.

The concept of recklessness in battery, like in assault, is defined by R v Cunningham, which applies the same three-question test.

Highlight: Battery differs from assault in that it involves actual physical contact, whereas assault only requires the apprehension of immediate unlawful violence.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

Sign up to see the content. It's free!

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Improve your grades

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By signing up you accept Terms of Service and Privacy Policy

Actual Bodily Harm (ABH)

Actual Bodily Harm (ABH) is a more serious Non fatal offence than assault or battery. This page explores the legal definition and elements of ABH.

ABH is the least serious non-fatal offense found in the Non fatal Offences against the person Act 1861, although section 47 of this act only defines the punishment. The offence itself is defined through case law and common law principles.

Actus Reus of ABH: The actus reus is defined as "any assault or battery occasioning actual bodily harm." This can be broken down into three components:

  1. An assault or battery
  2. Which causes
  3. Actual bodily harm

Mens Rea of ABH: The mens rea is "intentionally or recklessly to cause an assault or battery." Importantly, a defendant does not need to foresee ABH itself, only the assault or battery.

Definition: Actual bodily harm is defined in R v Miller as "any hurt or injury which is more than transient & trifling."

Several important cases have shaped the interpretation of ABH:

  1. R v Chan-fook: Established that the harm should not be so trifling that it is wholly insignificant.
  2. DPP v Smith: Determined that ABH is not limited to harm to the skin.
  3. T v DPP: Established that loss of consciousness can amount to ABH.

Example: In an ABH case example, if someone punches another person, causing a black eye that lasts for several days, this would likely be classified as ABH rather than simple battery.

The concepts of intention and recklessness in ABH follow the same principles as in assault and battery, with cases like R v Mohan, R v Nedrick, and R v Cunningham providing guidance.

Highlight: ABH is a more serious offence than assault or battery, reflected in its potential for more severe sentencing. Understanding the threshold for "actual bodily harm" is crucial for correctly classifying these offences.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Grievous Bodily Harm (GBH) s.20

Grievous bodily harm (GBH) is one of the most serious Non fatal offences against the person. This page focuses on GBH under section 20 of the Offences Against the Person Act 1861.

GBH is split into two offences: GBH s.20 and GBH s.18. GBH s.20 carries a lower sentence and is differentiated based on the intention of the defendant.

Actus Reus of GBH s.20: The actus reus is defined as "unlawfully & maliciously wound, or inflict any grievous bodily harm upon any person." The definitions of "wound" and "grievous bodily harm" are laid out in common law.

Mens Rea of GBH s.20: The mens rea is "intention or recklessness to cause 'some harm'."

Definition: A wound is defined in JCC v Eisenhower as "broken both layers of the skin with a loss of blood."

Several important cases have shaped the interpretation of GBH:

  1. DPP v Smith: Defined grievous bodily harm as "really serious harm."
  2. R v Bollom: Established that injuries caused to an infant or elderly person will be considered more severe.
  3. R v Dica: Determined that biological harm can be grievous bodily harm.
  4. R v Burstow: Established that psychiatric harm can be grievous bodily harm.

Example: In a GBH case example, if someone attacks another person with a weapon, causing deep cuts requiring stitches and potentially leaving permanent scars, this would likely be classified as GBH rather than ABH.

The case of R v Parmenter is mentioned but not fully explained in the provided transcript.

Highlight: GBH s.20 represents a significant escalation in the severity of non-fatal offences. The interpretation of "really serious harm" can vary depending on the circumstances and the victim, as demonstrated by cases like R v Bollom.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

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Grievous Bodily Harm Section 20

This chapter examines GBH under Section 20, focusing on serious injuries caused with recklessness or intent.

Definition: GBH s.20 involves unlawfully and maliciously wounding or inflicting grievous bodily harm.

Example: In DPP v Smith, grievous bodily harm was defined as "really serious harm."

Highlight: The case of R v Bollom established that injuries to vulnerable victims like infants or elderly persons are considered more severe.

Non fatal offenses against the person Assault The Law The law on assault is mainly defined within common law, but in 2003 the UK parliament

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Non-Fatal Offences Against the Person

This page introduces the topic of non-fatal offences against the person, which are serious criminal acts that cause harm or injury to individuals without resulting in death. These offences are a crucial part of Criminal Law and are often studied in Non-fatal offences a level Law courses.

Definition: Non-fatal offences against the person refer to criminal acts that cause harm or injury to individuals without resulting in death.

The study of these offences is essential for understanding the legal framework that protects individuals from physical harm and violence. It covers a range of offences, from less severe acts like common assault to more serious crimes such as grievous bodily harm.

Highlight: Understanding non-fatal offences is crucial for law enforcement, legal professionals, and the general public to ensure proper protection of individuals and appropriate prosecution of offenders.

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Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.