Non-fatal offences Flashcards by Rhys MacCarter

What is the hierarchy of non-fatal offences from most to least serious?

Wounding or GBH with intent (s18)
Wounding or GBH (s20)
Assault occasioning ABH (s47)
Battery
Assault

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What is assault?

Intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence

Apprehend = V believes D will use violence against them

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Need touching occur for assault?

No touching need occur nor applied force

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What is the AR of assault?

Causing victim to apprehend immediate and unlawful personal violence

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What does apprehension mean re the AR of assault? Does it mean fear? And what is needed for it from the D? What can negate it?

Make victim expect - not necessarily fear - personal violence
Words alone and silence is enough (can convey message)
Words can negate assault (‘if it were not assize time, I would not take such language from you’)

Lamb - one teen shoots another dead, both thought was safe - no assault as V did not fear infliction!

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Must D actually have the means to carry out the threat?

E.g. using replica gun to threaten somebody

No - means irrelevant if apprehension is caused

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What does immediate, unlawful, and personal violence mean re the AR of assault?

Immediate = immediate future/imminent (but not instantaneous)
Unlawful = not done in self-defence/with consent
Personal violence = anticipates physical force/violence (not psychological)

‘Personal violence’ can be an unwanted touch

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What is the MR of assault?

Intention or reckless as to causing V to apprehend immediate unlawful personal damage

Intention = D’s aim or purpose
Recklessness = risk their actions will cause victim to apprehend and it was unreasonable to take risk in circumstances known to D

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What is battery?

The actual intended or reckless use/application of unlawful force to another person without consent

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What is the AR of battery?

Application of unlawful force on another

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Must applicationof battery be direct, indirect or an omission re AR?

Can be:

Direct (hitting with weapon)
Indirect (digging a pit which V falls into)
Omission (police officer searching pockets and finger is pierced by hypodermic needle)

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What will not count as unlawful force under AR of battery?

Inevitable everyday contact e.g. jostling in supermarket, underground etc.

Does not cover grabbing people

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What degree of force or hostility is necessary for the AR of battery?

The merest of touch however slight can amount to battery; does not have to be hostile or aggressive

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Will touching someone’s clothes count as force?

Yes

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What happens if battery results in harm more than trivial?

Liable for s47 offence (assault occasioning ABH)

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What is the MR for battery?

Intention or recklessness (as to applying unlawful force on another person)

What is the maximum penalty for battery?

6 months in prison and/or £5,000 fine

What is the maximum sentence for assault occasioning ABH (s47)?

Imprisonment for no longer than 5 years

What is the AR for s47?

Assault occasioning ABH

What does assault mean in AR of s47 and what must be established?

Means assault or battery
AR and MR of either must be established

What does occasioning mean under AR of s47?

Assault of battery must result in ABH being caused to victim - normal rules of causation apply

Can be through omission!

What does actual bodily harm mean under AR of s47?

Any hurt/injury calculated that interferes with health/comfort of the victim - not serious or permanent but more than transient and trifling

Not so trivial as to be wholly insignificant

What does ‘more than transient and trifling’ under ABH include?

Momentary loss of consciousness
Cutting hair off (still part of body!)
Psychiatric (but not mere emotions) injury

What is the MR for s47?

MR for assault or battery = intention or recklessness as to:
* Assault = causing V to apprehend immediate and unlawful personal violence; or
* Battery = applying unlawful force upon another

What is the MR for the ABH?

Not required! Only MR for assault or battery is required for s47

What two offences are created by s20?

1. Malicious wounding 2. Maliciously inflicting GBH

What is the AR for s20?

Wounding or infliction of GBH

What is the difference between wounding and inflicting in s20 AR?

* **Wounding** = a break in continuity of both layers of skin however severe (e.g. rupture of internal blood vessels not enough) * **Inflicting** = causing - can be infliction without assault being committed which cause e.g. psychological injury

What does grievous bodily harm mean under s20 AR? Does it include more than physical injuries?

Really serious harm * Can include psychiatric injury if sufficiently serious and proved by expert evidence

Will multiple cuts on their own amount be seen in isolation and therefore not very serious? | I.e. serious enough to be GBH

Multiple cuts taken together could amount to serious harm | Must consider effect of injuries on V as well as age/health

What is the MR for s20? What degree of harm is necessary?

D must intend or be reckless as to the causing of **some** harm

Must the D have foreseen the physical harm as described in s20 i.e. really serious?

No - enough they foresaw **some** physical harm albeit minor

What two offences are created by s18?

1. Maliciously wounding with intent to cause GBH; and 2. Maliciously inflicting GBH with intent to cause GBH

What is the difference between s20 (wounding or inflicting GBH) and s18 (wounding or causing GBH with intent) re AR and MR?

* AR exactly the same (wounding = break of skin / infliction = cause) * MR - D must **intend** (directly or obliquely) to cause harm which amounts in law to GBH (serious harm)

Is recklessness enough under s18?

No, direct or oblique **intention** is needed

What injuries would come under ABH?

* Temporary loss of sensory function (sight or hearing) * Temporary loss of consciousness * Extensive bruising * Cutting someone's hair without their consent * Minor fractures * Psychiatric injury more than trivial (beyond mere fear, distress)

What injuries would come under GBH?

Wound - breaking of both layers of skin GBH * Permanent loss of sensory function * Permanent disability * Broken bones * Fractured skull * Substantial blood loss

Are intention and recklessness the MR for every non-fatal offence?

All except s18 - wounding or GBH with intent

All ARs and MRs

Assault * AR = causing someone to apprehend unlawful and immediate personal violence * MR = intention or recklessness Battery * AR = unlawful application of force on another person * MR = intention or recklessness S47 (assault occasioning ABH) * AR = assault or battery (occasioning ABH) * MR = intention or recklessness as to assault or battery S20 (wounding or inflicting GBH) * AR = wounding or infliction of GBH * MR = intention or recklessness as to causing some harm S18 (wounding or inflicting GBH with intent) * AR = wounding or infliction of GBH * MR = intention to wound or inflict GBH