Non-Fatal Offences Against the Person Revision

Key Offences to Know

Assault

• Definition: Defined in common law, not under the Criminal Justice Act.
• Charges: Under section 39 of the Criminal Justice Act (common mistake).
• Trial: Summary offense, tried in magistrates' court.
• Maximum Sentence: 6 months.
• Mens Rea: Intentionally or recklessly causing the victim to apprehend the infliction of immediate unlawful force.
• Notable Cases:
  • Mead: Words and singing can be threats.
  • Ireland: Silent telephone calls are threats.
  • Constanza: Threatening letters.
  • Logdon: Victim's perception is crucial (even if the threat isn't real).
  • Smith v Chief Constable of Woking: Imminent threat sufficient.

Battery

• Definition: Common law definition. Charged under section 39 of the Criminal Justice Act.
• Trial: Summary offense, same as assault.
• Maximum Sentence: 6 months.
• Actus Reus: Application of unlawful force.
• Examples: Slightest touch can be battery (e.g., grabbing an arm).
• Notable Cases:
  • Collins v Wilcock: Slightest touch suffices.
  • Thomas: Touching clothes suffices.
  • Fagan: Continuing act theory.
  • Martin & DPP v K: Force can be applied indirectly.

ABH (Actual Bodily Harm)

• Defined in: Section 47 of the Offences Against the Person Act.
• Trial: Triable either way.
• Maximum Sentence: 5 years.
• Actus Reus: Assault or battery causing ABH.
• Mens Rea: Intentionally or recklessly committing an assault or battery.
• Case References:
  • Miller: Harm interfering with health or comfort.
  • Ireland: Psychiatric injury can count as ABH.
  • DPP v Smith: Cutting hair as ABH.
  • Roberts: Mens rea focuses on the assault/battery, not the resulting ABH.

GBH (Grievous Bodily Harm) - Section 20

• Defined in: Section 20 of the Offences Against the Person Act.
• Trial: Triable either way.
• Maximum Sentence: 5 years.
• Actus Reus: Wounding or inflicting GBH.
• Mens Rea: Intent to do some harm or recklessness as to any harm caused.
• Notable Cases:
  • Eisenhower: Wound requires breaking the skin.
  • Saunders: GBH means serious harm.
  • Burstow: Serious psychological harm suffices.
  • Dica: Biological harm (HIV transmission).
  • Lewis: Harm can be indirect.

GBH - Section 18

• Defined in: Section 18 of the Offences Against the Person Act.
• Trial: Indictable only.
• Maximum Sentence: Discretionary life.
• Actus Reus: Wounding or causing GBH.
• Mens Rea: Intention to cause serious harm.
• Notable Cases:
  • R v Rowe: Intentionally infecting with HIV.
  • Morrison: Resisting arrest can elevate section 20 to section 18.

Essay & Criticism Points

1. Outdated Language: Archaic terms causing confusion.
2. Circular Definitions: ABH and GBH use themselves in definitions.
3. Victorian Legislation: Narrow, outdated, and not suited for modern scenarios.
4. Tech and Society Changes: Telephone calls and diseases like HIV not considered.
5. Sentencing Issues: Inconsistent sentences for ABH and GBH.
6. Misunderstanding by Public: Confusion between terms assault and battery.
7. Reform Suggestions: Law Commission's recommendations for modernizing terms and definitions.

Law Commission Proposals

• Rename Offenses:
  • Battery to Physical Assault.
  • Assault to Threatened Assault.
  • Specific suggestions for ABH and GBH sections, focusing on clearer language.