Chapter 7: Non-Fatal Offences Against a Person
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Questions and Answers

Which category of non-fatal offences against a person is defined by the degree of harm suffered by the victim?

  • Victim-focused category
  • Result-focused category (correct)
  • Intention-focused category
  • Conduct-focused category

    • What is the most serious non-fatal offence against a person in the result-focused category?

  • Wounding with intent to cause grievous bodily harm (correct)
  • Assault occasioning actual bodily harm
  • Assault and battery
  • Maliciously wounding or inflicting grievous bodily harm

    • Which of the following is a characteristic of the conduct-focused category of non-fatal offences?

  • Concerned with the intent of the defendant
  • Concerned with the manner in which the harm is inflicted (correct)
  • Concerned with the age of the victim
  • Concerned with the degree of harm suffered by the victim

    • What is the source of the power to charge assault and battery?

    <p>Section 39 of the Criminal Justice Act 1988</p> Signup and view all the answers

    What is the actus reus of assault?

    <p>Intentional or reckless causing the victim to apprehend imminent unlawful personal violence</p> Signup and view all the answers

    What is meant by 'unlawful personal violence' in the context of assault and battery?

    <p>Any violence that is not legally justified</p> Signup and view all the answers

    What is the essential element required for the actus reus of assault?

    <p>Imminent unlawful personal violence</p> Signup and view all the answers

    What is the subjective approach in determining the imminence of violence in assault?

    <p>The victim's belief about the nature of the threat</p> Signup and view all the answers

    Can the result of assault be caused indirectly?

    <p>Yes, the defendant can threaten the victim with a third party</p> Signup and view all the answers

    What is the requirement for the conduct element of assault?

    <p>The defendant must cause the victim to apprehend imminent violence</p> Signup and view all the answers

    Can words alone satisfy the conduct element of assault?

    <p>Yes, words alone can cause the victim to apprehend imminent violence</p> Signup and view all the answers

    What is the mens rea requirement for assault?

    <p>The defendant must intend or be reckless as to causing the victim to apprehend imminent violence</p> Signup and view all the answers

    What is the actus reus of battery?

    <p>The infliction of unlawful personal violence</p> Signup and view all the answers

    Is physical contact required for battery?

    <p>Yes, physical contact is essential for battery</p> Signup and view all the answers

    What is the difference between imminent violence and non-imminent violence in assault?

    <p>The timing of the violence, with imminent violence being immediate and non-imminent violence being in the future</p> Signup and view all the answers

    Can assault be committed by omission?

    <p>Yes, assault can be committed by omission in certain circumstances</p> Signup and view all the answers

    In which scenario would the victim's consent be undermined?

    <p>When the victim submits due to a threat</p> Signup and view all the answers

    What is the significance of D's belief in the consent of the victim?

    <p>It can lead to D avoiding liability</p> Signup and view all the answers

    What is the required result for the satisfaction of section 47 of the OAPA 1861?

    <p>Actual bodily harm</p> Signup and view all the answers

    What is the meaning of 'occasioning' in the context of section 47 of the OAPA 1861?

    <p>Causing the harm</p> Signup and view all the answers

    What is the difference between battery and actual bodily harm?

    <p>Battery is a base offence, while actual bodily harm is a result</p> Signup and view all the answers

    What is the mens rea requirement for section 47 of the OAPA 1861?

    <p>Intent or recklessness as to the base offence</p> Signup and view all the answers

    What is the significance of the term 'malicious' in section 20 of the OAPA 1861?

    <p>It refers to the foresight of some bodily harm</p> Signup and view all the answers

    What is the difference between wounding and inflicting grievous bodily harm?

    <p>Wounding requires the breaking of the skin, while inflicting grievous bodily harm does not</p> Signup and view all the answers

    What is the significance of psychiatric injury in the context of actual bodily harm?

    <p>It is considered an actual bodily harm if it manifests as a recognised psychiatric condition</p> Signup and view all the answers

    What is the purpose of section 20 of the OAPA 1861?

    <p>To criminalise malicious wounding and/or inflicting grievous bodily harm</p> Signup and view all the answers

    What is the significance of the malicious requirement in relation to harm?

    <p>It requires D to foresee at least some bodily harm</p> Signup and view all the answers

    If D is charged under s18, what alternative verdicts may a jury find liability for?

    <p>s20 or s47</p> Signup and view all the answers

    What is a unique aspect of the construction of s47?

    <p>It requires a base offence of assault or battery</p> Signup and view all the answers

    What is an additional element required for consent to be a valid defence to offences under s47,20,18?

    <p>The conduct must come within an expected category recognised by common law</p> Signup and view all the answers

    What is the source of the categories where V’s consent will be legally effective?

    <p>Public policy</p> Signup and view all the answers

    What is an example of a situation where V can provide valid consent to what might otherwise constitute a serious offence against the person?

    <p>Surgery</p> Signup and view all the answers

    What is the consequence of a defence to the base offence for s47?

    <p>The construction of section 47 liability becomes impossible</p> Signup and view all the answers

    What is the significance of the Brown case in relation to consent?

    <p>It established the third element of defence for consent</p> Signup and view all the answers

    What is the consequence of a valid consent to the more serious offences against the person?

    <p>D avoids liability for the offence</p> Signup and view all the answers

    What is the category of non-fatal offences against the person where consent to surgery is a valid defence?

    <p>Result-focused category</p> Signup and view all the answers

    What is a necessary element of battery, unlike assault?

    <p>Physical contact with the victim</p> Signup and view all the answers

    Can battery be committed indirectly?

    <p>Through an agent or a third party</p> Signup and view all the answers

    What is the mens rea required for battery?

    <p>Intention or recklessness as to applying unlawful force</p> Signup and view all the answers

    Can battery be committed by omission?

    <p>Through an omission in breach of a duty to act</p> Signup and view all the answers

    What is the relationship between assault and battery?

    <p>They are two separate offences</p> Signup and view all the answers

    What is required for effective consent to assault or battery?

    <p>Both expressed and implied consent</p> Signup and view all the answers

    Can consent to assault or battery be implied from social norms?

    <p>Yes, but only in certain circumstances</p> Signup and view all the answers

    What can undermine the effectiveness of apparent consent to assault or battery?

    <p>All of the above</p> Signup and view all the answers

    What is a defence to assault and battery?

    <p>Consent</p> Signup and view all the answers

    Can lawful chastisement be a defence to assault and battery?

    <p>Yes, but only in certain circumstances</p> Signup and view all the answers

    What is a key factor in determining whether a victim's consent is legally effective?

    <p>The degree of knowledge the victim has about the conduct</p> Signup and view all the answers

    In what situation will the victim's consent to the central activity not include consent to the associated risks?

    <p>Where the defendant has knowledge of the associated risks but does not inform the victim</p> Signup and view all the answers

    What is the key difference between 'knowledge but no deception' and 'knowledge and deception'?

    <p>Whether the defendant informs the victim of the associated risks</p> Signup and view all the answers

    In what situation will the victim's consent to being touched be legally ineffective?

    <p>Where the defendant is impersonating someone the victim trusts</p> Signup and view all the answers

    Which of the following procedures can be consented to, but has significant grey areas?

    <p>Body modification</p> Signup and view all the answers

    What is the effect of fraud as to the nature of the defendant's conduct on the victim's consent?

    <p>It may negate the victim's consent</p> Signup and view all the answers

    What is the key consideration in determining whether a victim's consent is undermined by duress or pressure?

    <p>Whether the victim is able to exercise their capacity to make a decision</p> Signup and view all the answers

    Under the Female Genital Mutilation Act 2003, what is an offence?

    <p>Mutilating female genitalia</p> Signup and view all the answers

    In which category of offences is there a defence of valid consent, including where injury results from an unrecognised sport?

    <p>Sports</p> Signup and view all the answers

    In the context of sexual pleasure, what is now clear from Dica?

    <p>V can consent to the risk of even potentially lethal infection</p> Signup and view all the answers

    What is the key intention required in the context of sadomasochism?

    <p>Infliction of bodily harm</p> Signup and view all the answers

    What is the effect of the Domestic Abuse Act 2021 on the defence of consent in the context of sadomasochism?

    <p>It confirms the common law position</p> Signup and view all the answers

    What is the key element required for D's defence of belief in consent to more serious offences against the person?

    <p>D's belief was consistent with the legal requirements of being informed, effective, and within a recognised category</p> Signup and view all the answers

    What is the purpose of the conduct-focused offences against the person?

    <p>To recognise certain specifically harmful circumstances or motives</p> Signup and view all the answers

    What is the offence of non-fatal strangulation or suffocation, as introduced by the Domestic Abuse Act 2021?

    <p>D intentionally strangles V</p> Signup and view all the answers

    Under what circumstances is it a defence for D to show that V consented to the strangulation or other act, under section 75A(2) of the 2015 Act?

    <p>Where V did not suffer serious harm as a result of the strangulation or other act</p> Signup and view all the answers

    What is the minimum requirement for wounding to occur?

    <p>The whole skin must be broken, but it can be internal or external</p> Signup and view all the answers

    What is the main difference between GBH and ABH?

    <p>GBH requires serious bodily harm, while ABH requires only bodily harm</p> Signup and view all the answers

    What is the mens rea requirement for section 20?

    <p>D must intend to cause some harm</p> Signup and view all the answers

    What is the difference between section 20 and section 18?

    <p>Section 20 has a lower maximum sentence, while section 18 has a higher maximum sentence</p> Signup and view all the answers

    What is the role of malice in section 18?

    <p>It adds nothing to the offense in most cases</p> Signup and view all the answers

    What is the meaning of intention in section 18?

    <p>D acts with foresight that the result is a virtually certain consequence</p> Signup and view all the answers

    What is the mens rea requirement for wounding?

    <p>D must intend to cause some harm</p> Signup and view all the answers

    What is the relationship between section 20 and section 47?

    <p>Section 20 is a more serious offense, while section 47 is a less serious offense</p> Signup and view all the answers

    What is the difference between section 18 and section 20 in terms of wounding?

    <p>Section 18 requires intent to wound, while section 20 requires only recklessness</p> Signup and view all the answers

    What is the significance of the Taylor case in relation to section 18?

    <p>It established that intent to wound is not sufficient for section 18</p> Signup and view all the answers

    Study Notes

    Non-Fatal Offences Against a Person

    • Offences in this category are defined by the degree of harm suffered by the victim (V).
    • The category can be presented as an imperfect ladder, with the most serious offences at the top and the least serious at the bottom.

    Assault and Battery

    • Assault and battery are the least serious non-fatal offences against a person.
    • These offences are not defined in statute, but in common law.
    • The power to charge assault and battery derives from section 39 of the Criminal Justice Act 1988.
    • Assault involves any conduct that intentionally or recklessly causes V to apprehend imminent unlawful personal violence.
    • Battery is any conduct that intentionally or recklessly inflicts unlawful personal violence upon V.
    • The actus reus of assault does not require physical contact with V, but rather causing V to apprehend or believe that they are about to suffer personal violence.
    • The actus reus of battery requires physical contact with V.

    Inflicting Grievous Bodily Harm (GBH)

    • GBH is more serious than actual bodily harm (ABH) and requires a higher level of harm to V.
    • The House of Lords has interpreted GBH to mean serious bodily harm.
    • GBH does not require injury to be permanent or life-threatening.
    • Inflicting GBH requires D's conduct to have caused the harm to V, applying the standard rules of causation.

    Malicious Intent and Causation

    • Malicious intent requires D to intend or foresee the possibility of causing V bodily harm.
    • Intent or foresight of some harm is necessary for liability, but D does not need to intend or foresee the full extent of the harm caused.
    • Causation requires D's conduct to have caused the harm to V.

    Wounding with Intent to Cause GBH

    • Section 18 of the Offences Against the Person Act 1861 criminalises D who, with intent to cause GBH, maliciously wounds V.
    • The actus reus of section 18 is identical to that of section 20.
    • The mens rea of section 18 requires intention to cause GBH, and an intention to resist lawful apprehension.
    • V may lack capacity to consent due to mental health conditions, learning disabilities, infancy, or temporary factors like intoxication.
    • Informed consent requires V to be aware of what the conduct entails before they can exercise their capacity and make a decision.
    • The level of knowledge required for effective consent varies depending on the degree of harm to which V is consenting.
    • The courts consider three categories of case when evaluating consent:
      • No knowledge of deception
      • Knowledge but no deception
      • Knowledge and deception

    Non-Fatal Offences and Sport

    • Sports injuries can be exempt from liability if the sport is legally recognised, and the injury results from an unrecognised sport.
    • The courts examine the rules of the sport to determine whether the injury was a result of the game.

    Non-Fatal Offences and Sexual Pleasure

    • The courts have struggled to maintain a clear approach to consent in the context of sexual pleasure.
    • New legislation provides that V cannot consent to serious harm for reasons of sexual gratification alone.
    • The Domestic Abuse Act 2021 confirms that consent to the infliction of serious harm for sexual gratification is not a defence.
    • D has a defence if they believed that V provided valid consent.
    • D's belief in V's consent must be consistent with the legal requirements of being informed, effective, and within a recognised category.

    Conduct-Focused Offences

    • These offences are not concerned with the degree of harm suffered by V, but rather with the manner in which the harm is inflicted.
    • Examples of conduct-focused offences include non-fatal strangulation and suffocation, harassment, and poisoning.

    Non-Fatal Strangulation and Suffocation

    • The Domestic Abuse Act 2021 introduced a new offence of non-fatal strangulation and suffocation.

    • The defence of consent is available, but only if V suffers serious harm as a result, and D did not intend or foresee the possibility of causing V serious harm.### Maliciously in Section 18 Liability

    • D's malicious conduct requires foresight of bodily harm, possibly even GBH

    • Intent to prevent apprehension means D must foresee possibility of GBH before s18 liability is established

    Alternative Verdicts for Sections 47, 20, and 18

    • A charge under s18 allows alternative verdicts for s20 or s47 if essential elements of s18 liability are unproven
    • Analysis of liability typically focuses on the most serious potential offence before considering less serious alternatives

    Defences to Sections 47, 20, and 18

    • Specific defences of consent or belief in consent can remove liability for s47, 18, and 20
    • These defences are not applied in the same way as assault/battery
    • Additional elements are required for defences to be legally effective for more serious offences

    Defences to the Base Offence for Section 47

    • A defence to the base offence of assault or battery can remove liability for s47
    • If D foresees the risk of causing ABH, they may not be able to rely on an effective defence to the base offence
    • Consent can be a valid defence to offences under s47, 20, and 18
    • In addition to standard consent requirements, the conduct must come within a recognized category (e.g., surgery, sports, horseplay)
    • The recognized categories have evolved as a matter of public policy

    Surgery as a Recognized Category

    • Surgery is a straightforward example where V can provide valid consent to what might otherwise constitute a serious offence
    • Specific statutory exceptions exist, such as criminalizing consensual virginity testing under the Health Care Act 2022

    Battery

    • Battery requires physical contact with V, which can be direct or indirect (e.g., throwing objects, spitting, or causing contact through a third party)
    • Battery can also be committed by omission, but only if D has a duty to act and breaches that duty

    Mens Rea of Battery

    • The mens rea of battery requires intention or recklessness as to causing the result (unlawful force to V's body)
    • D must also perform the conduct voluntarily, knowing that V is a person

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    Test your knowledge on non-fatal offences against a person, including wounding with intent, maliciously wounding, assault occasioning actual bodily harm, and assault and battery. Learn about the different types of offences and their corresponding penalties.

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