Non Fatal Offences Handout

In this Handout you will find all of the notes for non-fatal offences. I felt that with that I should also place the two defences: consent and self-defence. The reason for this is that they can be asked about in the OCR Criminal Law Module. Hope it helps.

P.s. I know they are not colourful, but make them your own!

HideShow resource information
Word Document 36.47 Kb

Pages in this set

Page 1

Preview of page 1
Non-Fatal Offences Against the Person.




Common Assault.
There are two ways of committing this offence: assault and battery. These are common law offences
but are recognised and charged under s.39 of the Criminal Justice Act 1988.
Under this section it is stated that the maximum punishment is 6 months imprisonment…

Page 2

Preview of page 2
Non-Fatal Offences Against the Person.



street and asked them to get into the car for questioning, one refused and walked away. A police
officer followed and asked for her identity, she refused to answer and walked away. He grabbed
her arm. She scratched his arm in order to get away…

Page 3

Preview of page 3
Non-Fatal Offences Against the Person.



Court of Human Rights. However, as long as the judge in such a case directs the jury to taken account
of the nature, context and duration of force as well as the physical and mental effect it had on the
child and the reasons for…

Page 4

Preview of page 4
Non-Fatal Offences Against the Person.



Courts have held that the mens rea for common assault applies to section 47.
The D must intent or be reckless as to whether the victim fears or is subjected to unlawful force.
The D does not need to intent or be reckless as to…

Page 5

Preview of page 5
Non-Fatal Offences Against the Person.



and D was charged with s.20. This means that the it need only be shown that the D's actions led to
the consequence of the V suffering GBH. This also shows little difference between the actus reus of
the offences under s.20 and s.18 and…

Page 6

Preview of page 6
Non-Fatal Offences Against the Person.



window where he jumped, she was cut by the glass. The CoA stated that the word "maliciously" in
respect of this part of the section took the same meaning as that of Cunningham (1957). This means
that the prosecution need only prove that D intended…

Page 7

Preview of page 7
Non-Fatal Offences Against the Person.



Problems and Reforms.
The current law is in an unsatisfactory state and proposals of reform have come from the Criminal
Law Revision Committee and the Law Commission. The Law Commission illustrated three problems
with the OAPA (1861):
o It uses complicated, obscure and old fashioned…

Page 8

Preview of page 8
Non-Fatal Offences Against the Person.



strong evidence to assess the force used in the circumstances. However, if the danger is gone then
the defence cannot be raised.
The D should be judged on the facts as he belieed them to be. In Williams (1987) the CoA held that
the jury…

Page 9

Preview of page 9
Non-Fatal Offences Against the Person.



during a sexual act caused a consenting woman to get blood poisoning as his ring caused a cut. She
died. However, due to her consent there was no battery and so no unlawful act; therefore he was
not liable of manslaughter.
There must a true…

Page 10

Preview of page 10
Non-Fatal Offences Against the Person.



Another exception is in the case of medical procedures. If the surgeon must save an individual's life
during surgery then consent will be a defence to a charge of assault.

Problems.

The decisions in Brown (1994) and Willson (1997) contradict one another and appear to…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »