Summary
Summary non fatal offences
- Module
- Non fatal offences
- Institution
- AQA
summary of non fatal offences
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Non-fatal offences-The four most common offences in increasing order of seriousness are:
Common (technical) assault and battery
S.39 Criminal Justice Act 1988
Summary only offences, max sentence of 6 months imprisonment.
Level of harm is different
Assault Occasioning Actual Bodily Harm (ABH)
S.47 Offences Against the Person Act 1861
An either way offence, maximum sentence of 5 years imprisonment and/or unlimited fine.
Unlawful wounding and/or the unlawful infliction of grievous bodily harm (GBH)
S.20 Offences Against the Person Act 1861
Level of harm is the same, mens rea is different
An either-way offence, max, 5 years imprisonment and/or unlimited fine.
Unlawful wounding and the unlawful causing of grievous bodily harm with intent to do grievous bo
harm
S.18 Offences Against the Person Act 1861
Tribal only on indictment and punishable with a max sentence of life imprisonment, and/or unlimit
, Non-fatal offences
Assault
Definition- an act which causes the victim to apprehend the infliction of immediate, unlawful force with
intention to cause another to fear immediate unlawful personal violence or recklessness as to whether
is caused.
Actus reus of assault- an An Act- An assault requires Threatening actions-
act which causes another some actions or words. An Stevens V myers- D walked towa
person to apprehend the omission is not sufficient to his fists raised but was stopped by
infliction of immediate constitute an assault person before coming within strikin
Written words-
unlawful force on his person It was enough that V was put in
- An act R V Constanza- The D wrote
apprehension even though the actu
- V apprehends force 800 letters and made phone calls
(a battery) never occurred
- Immediate to V. The Court of Appeal held Silence-
- unlawful that R V Ireland- The D made a large n
Apprehend of force- letters can be an assault. silent, unwanted phone calls to a n
Words alone-
R V Lamb- 2 boys were women such that V suffered psych
Read and coker- V was
playing w a revolver. One boy The court held that silence could b
surrounded by aggressive looking
pointed it at the other, the assault. D was convicted of ABH a
servants, who, rolling up their
gun fired. V died. D was suffered from psychiatric injury.
sleeves said that they “would Immediate-
charged with manslaughter
break V’s neck if he did not leave Smith v working PC- D was looki
but there was no assault.
Unlawfulness of force- The at once.” The words were held to the window and so threat could ha
force that is threatened must constitute an assault. imminent
be unlawful. If it is lawful, Tuberville v savage- D placed his
there is no offence of his sword and said “If it were not A
common assault. I would not take such language . . .
courts said D’s conduct did not am
assault. It was in fact Assize time,
was no immediate threat.
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