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Non Fatal Offences

Non Fatal Offences. S39 Criminal Justice Act 1988. Assault: Where D intentionally or recklessly causes V to apprehend immediate unlawful personal violence Battery: Where D unlawfully inflicts personal violence on V either intentionally or recklessly. The Offences Against the Person Act 1861.

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Non Fatal Offences

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  1. Non Fatal Offences

  2. S39 Criminal Justice Act 1988 • Assault: • Where D intentionally or recklessly causes V to apprehend immediate unlawful personal violence • Battery: • Where D unlawfully inflicts personal violence on V either intentionally or recklessly

  3. The Offences Against the Person Act 1861 • S47 Assault occasioning ABH: • Where D carries out an assault or battery on V which causes physical or psychological injury • S20 Malicious wounding or inflicting GBH: • Where D unlawfully wounds V or inflicts serious physical or psychological injury recklessly • S18 Malicious wounding or inflicting GBH with intent: • Where D unlawfully wounds V or inflicts serious physical or psychological injury intentionally

  4. S39 CJA Assault • AR: • causing V to apprehend immediate unlawful personal violence • MR: • intentionally or recklessly • Some act or words by D which causes V to believe that unlawful force is about to be used against them Examples include: • raising a fist as though about to hit the victim; • throwing a stone at the victim which just misses • making a threat by saying “I am going to hit you”

  5. S39 CJA Battery • AR: • Unlawfully inflicting personal violence • MR: • Intentionally or recklessly • There must be some force but that force does not have to cause injury eg a bruise.

  6. S47 OAPA • AR: • Carrying out an assault or battery • MR: • Intentionally or recklessly • D must commit either an assault or battery (whichever has actually caused the actual bodily harm). • No need for D to intend or be reckless about causing ABH (R v Savage.) • Assault or battery must cause actual bodily harm to the victim. ABH includes both minor physical injury and clinically diagnosed psychological injury but not emotions such as fear, distress or panic. (R V Chan Fook)

  7. S20 OAPA • AR: • Wounding or causing GBH • MR: • Intentionally or recklessly causing some harm • A wound requires all layers of the skin to be broken (C v Eisenhower) • GBH has been defined as serious physical or psychiatric harm. • The mens rea of s20 is that D intends SOME harm (physical or psychiatric) or is subjectively reckless in causing SOME harm but not necessarily serious injury.

  8. S18 OAPA • AR: • Wounding or causing GBH • MR: • Intention to cause really serious injury • D must wound V or inflict GBH. • Intention is required, and D must intend really serious harm, rather than some harm.

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