Non-Fatal Offences

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Non-Fatal Offences Against the Person:
The most common non-fatal offence that is committed against the person is common assault. This is a summary offence which carries a six month prison sentence. It is made up of two seperate offences, assault, and battery. It it traditionally thought of as a common law offence, however it is recognised in statute, in the Criminal Law Act 1967. In the case of R v Little it was said to be considered as a statutory offence.
Assault is when one person causes another person to apprehend the immediate application of unlawful force - Ireland; Burstow. This can be via actions alone, as seen in Smith v Chief Superintendent of Woking Police Station; it can be through words alone, as seen in Constanza. It can even …show more content…

It covers such things as kissing, hugging, slapping, or even throwing a drink over a person (Savage). Battery also covers indirect actions, such as in DPP v K, or using a person as an 'instrument' for battery - Haystead v Chief Constable of Derbyshire. All of these can be the actus reus of the offence.
The principle of transferred malice (Latimer) can be invoked in battery cases. This is where the defendent has the mens rea of the offence, but the actus reus ends up affecting another person.

Section 47, as laid out in the Offences Against the Person Act 1861, is also known as Assault Occassioning Actual Bodily Harm. It is an either-way offence and carries a maximum penalty of five years in jail. It deals with the least serious cases of harm.
Unlike battery, the offence of ABH requires the victim to have some form of injury. This may be physical (hair is covered, DPP v Smith), or psychological - emotions are not covered, but diagnosible psychiatric conditions are (Chan Fook). Any of these can be the actus reus of this crime.
Broken teeth, minor cuts requiring stitches, and loss of conciousness are often tried under …show more content…

The defendant but be the legal and factual cause of the victim's injury. Meaning "but for" their actions the defendant would not have suffered harm (Pagett, White), and they are the "operating and substantial cause" of the victim's injuries (Cato). In S47, the "thin-skull" rule also applies. The defendent must "take his victim as [he] finds him" and take responsiblity for all injuries caused by the victim's "thin skull" - Blaue.
The rules of causation also require no intervening acts. The victim themselves may break the chain of causation with an intervening act, but only if their actions are unreasonable - Roberts, Williams.
The mens rea for S47 is the same as for assault or battery. The defendent need only intend the victim to either apprehend immediate unlawful physical force, or for the victim to have unlawful physical force applied to their person. As long as the assault or battery that occassioned the actual boldily harm was intended or there was sufficient recklessness (Cunningham) then the prosecution needn't prove that the defendent had even the slightest foresight or intention for the harm they actually caused - DPP v Parmenter;

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