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  3. Durham University (DUT)
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  5. Law LLB
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  7. Criminal Law

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Non-fatal Offences Against Person
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18-page summary on the topic of Non-fatal Offences Against Person, including (1) the common law offences, (2) Statutory law offences under Offences Against Person Act 1861, and (3) discussion on key debates such as (a) consenting to harm, (b) transmission of STDs, etc.

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  • October 14, 2020
  • 18
  • 2017/2018
  • Lecture notes
  • Unknown
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= NON FATAL OFFENCES AGAINST THE PERSON =

Generally there are 2 types of non-fatal offences against person: sexual or non-sexual. There
are 5 types of non-sexual, non-fatal offences against person:

[A] Common law offences
* similar to sexual assault, it vindicates and provides protection from invasion to an
individual personal autonomy or privacy. Real harm which befell the victim is not required,
but merely a non-consenting victim is needed.
(1) Battery
(2) Assault

[B] Statutory law offences under Offences Against Person Act 1861
* while consent is irrelevant under these offences, it must be proved harm as a result of
such conducts.
(1) Assault occasioning actual bodily harm – s. 47
(2) Malicious wounding and inflicting GBH – s. 20
(3) Wounding or causing GBH with intention – s. 18

Comparison of AR & MR
Battery/Assault s.47 s.20 s.18 Murder
AR No requirement Requirement of Requirement Requirement Caused
of harm ABH of wounding of wounding death
or GBH or GBH
MR Intention/ Intention/Reckless Intention to Intention to
Reckless as to as to inflict force/ cause GBH / cause GBH
inflict force/ might apprehend persist or or kill
might apprehend violence prevent
violence lawful
No requirement of Requirement apprehension
foreseeing harm of foreseeing or detention
harm (not
necessarily
GBH)


[C] Key Debates:
1. Consenting to harm
2. Transmission of STDs
- Reckless transmission?
3. Reformation of law of NFOAP

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