1 / 16

Non Fatal Offences Against the Person

Non Fatal Offences Against the Person. Non Fatal Offences – s.20 OAPA 1861 Wounding and Grievous Bodily Harm. Objectives. Describe using authority the actus reus of s20 of the Offences against the Person Act 1861

abrial
Download Presentation

Non Fatal Offences Against the Person

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Non Fatal Offences Against the Person Non Fatal Offences – s.20 OAPA 1861 Wounding and Grievous Bodily Harm

  2. Objectives • Describe using authority the actus reus of s20 of the Offences against the Person Act 1861 • Describe using authority the mens rea of s.20 of the Offences against the Person Act 1861 • Apply the actus reus and mens rea of GBH/Wounding to problem questions

  3. S.20 – Wounding or Inflicting Grievous Bodily Harm • Second most serious of the non fatal offences found in the OAPA 1861 • Either-way offence • Five years (just like ABH!)

  4. Definition – OAPA 1861 s20 • Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be … liable to … five years imprisonment.

  5. Actus Reus • Unlawful Wounding • OR • Inflicting Grievous Bodily Harm • D is charged with one or the other, if he has done both then the prosecution must choose which one he is charged with

  6. Different permutations • Intentional wounding • Intentional infliction of GBH • Reckless wounding • Reckless infliction of GBH

  7. Key Definitions • GBH is a general term meaning ‘really serious harm’ DPP v Smith [1961] • A wound is a break in the continuity of the skin: JCC v Eisenhower (1984)

  8. JCC v Eisenhower (1984) Case Law Assault - Assault - wounding or GBH - actus reus D shot V with an air gun. The pellet hit V near the eye, resulting in a bruise below the eyebrow and fluid filling the front of his eye. Principle – A wound is a break in the continuity of the whole skin; an internal rupturing of the blood vessels is not a wound. Not Guilty of wounding

  9. Key Definitions • GBH is a general term meaning ‘really serious harm’ DPP v Smith [1961] • A wound is a break in the continuity of the skin: JCC v Eisenhower (1984) • These two forms of actus reus cover a wide range of harm. • Often overlap 9

  10. Grievous Bodily Harm • A collection of relatively minor injuries can amount to GBH Brown and Stratton (1998) • Injuries caused to a child or elderly person will be more serious than the same injuries to a strong healthy adult R v Bollom (2004)

  11. Infliction • Always thought that GBH had to be inflicted on the victim and that this meant something different from s18 where it has to be caused • There is no distinction between cause and inflict in relation to psychiatric injury Burstow (1997) • This also applies in relation to physical harm (even if that meant through transmission of a disease) Dica (2004) – Biological GBH (no need for an assault or battery

  12. R v Dica (2004) Case Law Assault - biological GBH D infected two women with HIV. Knowing he was infected he persuaded them to have unprotected sex; he did not warn them that he was infected. Principle – Guilty of causing grievous bodily harm. Sentenced to 8 years. Guilty

  13. Mens Rea of s.20 • Must be done maliciously • This means intention or subjective recklessness Cunningham (1992) • The prosecution does not have to prove that D intended or foresaw the wound or GBH but has to foresee that some harm might occur (Mowatt (1976)

  14. R v Mowatt (1976) Case Law Assault - GBH - mens rea - intentional or reckless causing of some physical harm D struck V several times, knocking him unconscious. D's companion had taken money from V. V had seized D by the lapels and demanded to know where D's companion was. Principle – Intention or recklessness as to the wound or GBH need not be proved. Diplock LJ: "It is enough that [D foresaw] ... that some physical harm to some person, albeit of a minor character, might result." Guilty of wounding 14

  15. Mens Rea of s.20 Must be done maliciously This means intention or subjective recklessness Cunningham (1992) The prosecution does not have to prove that D intended or foresaw the wound or GBH (Mowatt (1976) Confirmed in DPP v A (2000) 15

  16. Objectives • Describe using authority the actus reus of s20 of the Offences against the Person Act 1861 • Describe using authority the mens rea of s.20 of the Offences against the Person Act 1861 • Apply the actus reus and mens rea of GBH/Wounding to problem questions

More Related