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Non-Fatal Offences Against the Person

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Helen Isley

on 17 September 2014

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Transcript of Non-Fatal Offences Against the Person

s.39 Criminal Justice Act 1988- Common Assault
Assault: To intentionally or recklessly cause a person to fear immediate unlawful force.
S.47 Offences Against the Person Act (1861) - Assault Occasioning Actual Bodily Harm
An assault or battery (so includes actus reus and mens rea of assault and battery)
S.20 Offences Against the Person Act (1861)- Grievous Bodily Harm
To inflict a wound or grievous bodily harm, intending or being reckless that
some
harm may occur
Learning Outcome:
understand the different types of crime.
Non-Fatal Offences Against the Person
Thank you!
Assault, Battery, ABH, GBH and GBH with Intent.

s.18 Causing Grievous Bodily Harm (or wounding) with intent.
To inflict a wound or grievous bodily harm
with intent.
Now, using the information you have found out about these offences, complete the summary table on your worksheet.
Finally, read the scenarios and decide who would be charged with what offence and why.
Battery:To intentionally or recklessly use unlawful force on a person.
R v Ireland (1997)
Look up this case and answer the question. How can silence be an assault?
Collins v Wilcock (1984)

Look up the case

How much force is required for a battery?
Plus
it causes
actual bodily harm
R v Miller (1954)

Actual bodily harm is "any injury calculated to interfere with with the health or comfort" of the victim.
R v Chan Fook (1994)

"harm which is not so trivial as to be wholly insignificant"
R v Savage (1991)

A woman threw beer over her ex boyfriend's new girlfriend. The beer glass flew out of her hand and caused a minor injury to the victim's arm. Throwing beer is a battery and the battery caused the ABH. It doesn't matter that she didn't intend the harm, she did intend the battery.
R v Roberts (1971)

A woman jumped out of a car to avoid the sexual advances of a man. She suffered injuries as a result. He was found guilty of ABH. Why?
JCC v Eisenhower (1984)

In this case the defendant shot the victim in the eye with an airgun.

It was held that a "wound" must break the skin and therefore this was not a "wound" under section 20. The defendant would be charged with a lesser assault.
R v Burstow (1997)

The defendant was harassing and stalking a woman. This caused the woman to suffer from a severe depressive illness.

Even this mental illness was serious to be Grievous Bodily Harm.



R v Belfon (1976)
The defendant caused serious wounds to the victim's face and chest with a razor. The court confirmed that the defendant is guilty of s18 if it can be shown that the intended serious injury.
explain the different crimes
against the person
Assessment Criteria:
Full transcript