Criminal Offence and Punishment in UK

The provided document is an assignment on criminal offence and punishment in the UK. It discusses the three parts of a criminal offence in England: assault, battery, and assault occasioning actual bodily harm. The assignment also covers wounding and grievous bodily harm, either with or without intent, and their punishable consequences. It references various laws, including the Offences Against the Person Act 1861, the Sexual Offences Act 2003, and court cases such as R v DPP ex parte Jones and Smith v Chief Constable of Woking. The document aims to provide a comprehensive understanding of criminal law in England, highlighting the importance of proper attention to serious sex crimes like rape and sexual assault.

NON FATAL OFFENCES AGAINST THE
PERSON

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
Features of following assault .....................................................................................................1
a) Common Assault.....................................................................................................................1
b) Assault by beating...................................................................................................................2
c) Assault occasioning Actual Bodily harm (ABH)....................................................................2
TASK 2............................................................................................................................................3
Wounding and Assault occasioning Grievous Bodily Harm (GBH)..........................................3
a) without intent..........................................................................................................................3
b) With intent..............................................................................................................................4
TASK 3............................................................................................................................................4
Analysing features and difference between................................................................................4
a) Rape........................................................................................................................................4
b) Indecent assault ......................................................................................................................4
CONCLUSION ...............................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Non-fatal offence against a person means an offence in form an attack which is directed
towards that person which do not result in death of that person. These are offensive acts which
cause serious physical harm or damage to an individual by another person intentionally. This
includes assault and battery and grievous bodily harm. In the present report, a discussion related
with various types of assault against a person will be done. With presenting features of assaults
such as actus reus and mens reas related with assault will also be discussed.
TASK 1
Features of following assault
a) Common Assault
Common Assault: This can be defined as an intentional case or recklessness of a
defendant causing the victim unlawful personal violence. This is outlined in Section 39 of
criminal justice Act, 1988. This is a summary offence as it includes both battery and assault, and
is capable of being religiously or racially aggravated as per Crime and Disorder Act 1998. As per
this section, both racial and religious offence is considered as assault. In normal terms, it can be
defined as involvement of both assault and battery and together they are charged as common
assault.
Actus reus
In criminal law, actus reus means all elements of a crime other than mind state of
defendant. It is a physical element of a crime. It consists of conduct, result, a state of affair or
omission. This means giving a person feeling of fear with immediate application of unlawful
personal violence.
This can be stated in two parts:
1. Application of force on victim by defendant: It means that victim must be aware of a
fact that there is a chance of violence (Grey, 2016). This can be understood as, when
defendant shakes his fist, the victim fears that he might get hit in fraction of second. In
Smith v superintendent of working police, it was said that a fear in mind of victim about
prospect violence is necessary for establishment of Actus reus (Smith v Chief Constable
of Woking (1983) 76 Cr App R 234, 2018).
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2. Use of force will be immediate: The fear must be immediate with an action of predator
giving a feel to victim that he/she might be attacked, the fear is not absolute in actus reus
and can be termed as apprehend of immediate physical violence. As with a shack of fist
an immediate fear emerged in mind of victim, that he can be hit.
Mens rea
This is the mind-set of a person who is committing crime and can be stated as culpable
mind of defendant. This is what actually goes inside the mind of a defendant. This can be in
form of direct, indirect intention or recklessness. For common assault, mens rea is application of
unlawful physical force on victim or foreseeing that a force can be applied by defendant. In this,
respondent themselves know the risks related with such unlawful application of physical
violence.
Penalty: Fine with a maximum of £5000
Imprisonment: Sentence up to six months
b) Assault by beating
Use of violence in common assault in called as battery and the defendant is charged with
attack by beating. This does not mean that victim was actually hit or even kicked by offender. It
could be in form of a push, clutching of cloth or a spat on the mouth at victim (Gaffney-Rhys,
2017). This is also a form of common attack, so for this physical and mental elements are more
or less same as common-assault.
Actus reus: Fear or understanding by victim that unlawful physical force can be used on
him by defendant. It is an application of unlawful force to another person. This can be done with
as a hit in beak if head of victim. Physical element of battery is that bodily harm to victim is
done, it need not to be very significant or caused with direct contact of offender. Mere touching
or grabbing cloth of victim can also amount to battery.
Mens rea: The mental element of battery is also same as of assault, where that defendant
has an intention of causing a physical injury to victim. Mens rea of battery incudes intention of
application of force or immediate use of physical violence to victim. A recklessness on behalf of
defendant is also included in this as harm might be caused to that person. Risk related with act to
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cause an unlawful violence is known to defendant. This means a culpable mind set of accused to
cause a physical harm to another is mens rea in battery.
Penalty: Fine with a maximum of £5000
Imprisonment: Sentence up to six months
Assault by beating
An assault by beating is the one when a person use physical force onto other to hit
him/her and injure them. the beating can be intentional or recklessly which apprehend violence
on other. the actus rea is the touching , beating or punching another person without to
permission. the injury cause by the hit or beating is the mes rea of assault by beating.
Assault occasioning actual bodily harm:
An assault is committed by a person who causes another person to apprehend the
immediate use of unlawful violence by the defendant. An assault is committed when a person
have a intention to hit other. under assault a inflicting physical harm is contact upon another
person. the person causing harm have a clear intention to do and this is defined as the asctu rea
of the crime. the harm that is caused to the other period which is bing physically injures and
harms is the mens rea element of the crime such as scratchers, minor bruising.
Assault occasioning grievous bodily harm
An “assault occasioning bodily harm” offence is more serious than a “common assault”
because of the “bodily harm” that the victim has suffered as a result of the incident. “Bodily
harm” means any bodily injury that interferes with the health or comfort of the victim. this is the
mens rea. the actus reus is the intention with which the harm is cause to a person.
c) Assault occasioning Actual Bodily harm (ABH)
As per Section 47 of offence against the Person Act,1861; this is a form of assault where
the victim has actually suffered some physical harm. Injury does not have to be serious or
permanent but it cannot be just negligible or transient. In this, psychological harm is also
included but it must be more than just fear or anxiety.
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Actus reus: This is caused by either assault or battery and leads to injuries which are
classified as actual bodily harm. In this, it is necessary to prove existence of assault and battery,
where there can be an injury which distributed health or physical comfort of a victim. In case of
R v DPP, the victim lost his consciousness after he was kicked and defended was convicted of
AHB (R v DPP ex parte Jones [2000] IRLR 373 Court of Appeal, 2018).
Mens rea: This can be defined as a state of mind of offender to cause a harm or
apprehended the victim of unlawful physical violence (Reed and Bohlander, 2016). This need
not to be always in the form of causing physical pain, just cutting someone’s hair without
consent can also be termed as mens rea. In this, victim suffers mental pain which can be mens
rea of offender to hurt that person.
Penalty: Fine with a maximum of £5000
Imprisonment: Sentence up to six months
ABH is the one where a person actually suffers certain injuries which can not be
considered to be common assault. the element of ABH through actus reas can be denied as an
intentional act done by person on other to injure that individual. the means rea is the injury but it
must be more than in the common assaults such a fracture, multiple bruising.
TASK 2
Wounding and Assault occasioning Grievous Bodily Harm (GBH)
a) Without Intent
This is defined under Section 20 of offences against a person Act, 186, as this requires
high degree of both injury and meas rea. In this, suffering of victim is in form of wounds or
inflicted serious physical injury (Wounding and GBH S.20 & S.18 OAPA 1861, 2018).
Wounding means breaking the surface of skin of a person and internal bleeding cannot be
considered with same meaning for this purpose though it is serious. Offence under this section is
triable either as battery or assault, a serious harm is done to victim though hurting was done
without intention of making it significant
Actus reus: This is an act of unlawful wounding or inflict serious physical injury to
another person. The element of this offence is that person has an intention to harm others with or
without weapon.
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Mens rea: For this offence, either intention of causing some bodily harm to another
individual or recklessness for causing such damage is required (Offences Against the Person Act,
1861, 2018). So if harm was intended to minor but resulted in serious injury, offender can be
charged under this section.
In this offence, a serious injury is caused to victim without any intention of defendant,
though as per mens rea, offender wants to cause harm to another person but not with serious
injury and fatal body damage is suffered by victim.
Maximum Penalty: Sentence up to 5 years
b) With intent
This is the most serious kind of offence towards an individual which involve intention of
another person to cause a very serious harm to victim (Stark, 2018). This offence can be taken in
4 forms, which are as follows:
1. Wounding to cause a serious physical injury
2. To cause grievous bodily harm with an intention
3. An intention to prevent lawful apprehension of a person through maliciously wounding.
4. Unlawful act by offender with a purpose of causing grievous bodily harm.
Actus reus: The element of physical injury includes unlawful wound or cause of GHB on
any person. In this, injury is caused to any person and not the immediate next person. A serious
injury must be caused to any person, by defendant which must be unlawful and not justifiable in
law.
Mens rea: A significant intention of causing serious physical injury to victim. A grievous
body harm caused unintentionally cannot be considered under this section. A strong motive of
defended to badly hurt victim is very essential for this section.
Penalty: Maximum life imprisonment for this type of case is only heard in the Crown court
Offences of wounding with application of actus reus and mens rea
The actus reus is the wound or infliction of grievous bodily harm (GBH). A "wound" is
something that breaks all layers of the skin, and must have an external component – internal
bleeding, however serious, is not a wound. the mens rea for this offence is maliciously.
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TASK 3
Analysing features and difference between
a) Rape
According to Sexual Offence Act, 2003, Rape means:
1. a person commits offence when
 an intentional penetration in vagina, mouth or anus is done by an individual to another
person,
2. Here, another person is not in consensual to the penetration. The consent of not
reasonably considered by person penetrating. Section 75 and 76 are applicable for
offence under this section.
3. A person who is found guilty of an offence under this section is liable for conviction of
indictment or life imprisonment.
Actus reus: The element of rape can be defined as an intentional and forceful penetration
without consent of another person (Griffith, 2017. In this, permission of another person is not
rationally considered by person committing the offence. A forceful penetration in anus, vagina or
mouth of victim is another important element of rape.
Mens rea: The culpable mind set of a person to have a forceful intercourse with another
person without consent and do not commit any harm or injury to victim in course of such awful
act.
b) Indecent assault
This term is defined under Section 3 of Sexual Offence Act 2003, as
1. an offence is committed by a person, when
 he intentionally touches a person
 touch is sexual
 there is no consent of person who was touched
 offender do not have a reasonable belief in taking consent from another person
2. the liability of a person for offence committed under this section is
 imprisonment of six months or maximum fine as per statutory law or both for summery
conviction, for conviction on indictment, maximum 10 years’ imprisonment.
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This is referred as a wider term than rape. As in rape, there is a forceful penetration in
vagina, anus or mouth by somebody without consent of former person whereas in sexual assault,
there may or may not be use of force but there exists unwanted touch (Offences against the
Person, incorporating the Charging Standard, 2018). This is an aggravated assault in sex crime,
which includes an attempt to cause a serious bodily harm to another person with use of a
weapon, having a sexual relation with a person who is not at age of giving consent for such acts.
Actus reus: Intentional sexual touch by a person to another without any consent of
another person. The touch is sexual that is to privet or any body part of another person (Sexual
offence Act, 2003).
Mens rea: This can be defined as mind set of a person to touch another with a wrong and
sexual intention which gives a feeling of uncomfortableness to the person who is being touched.
Difference between rape and indecent assault
Basis of difference Rape Indecent Assault
From of touch Unwanted penetration Unwanted sexual contact
Elements Intentional penetration without
consent of another person
An intentional unwanted
sexual touch without consent.
Offence Forceful penetration Includes different kinds of
sexual contacts other than
penetration
Scope This is a narrow scope A wider scope than rape.
Example Forcefully having intercourse
with a person without consent
Mere grabbing butt of a
woman is indecent assault.
Forcibility (use of force by
one person on another-
person)
Exists May or may not exist
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CONCLUSION
From the above report, it can be concluded that an offence by a criminal of both actus
reus and mens rea is ghastly and must offer severe punishment. These can be interpreted by
together physical and mental elements related with occurrence of an offence. As per the above
report, it can be articulated that Criminal offence in UK are divided into three parts- assault,
battery and assault occasioning actual bodily harm.
Further, it is determined that wounding and bodily harm either with or without intent are
on upper hand of criminal assault and are punishable with a high amount of penalty and
imprisonment which can goes up to 5 years. With this, it can be inferred that rape and sexual
assault or serious sex crime must have proper attention in order to remove it completely from the
society.
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REFERENCES
Books and Journals
Gaffney-Rhys, R., 2017. From the Offences Against the Person Act 1861 to the Serious Crime
Act 2015-the development of the law relating to female genital mutilation in England and
Wales. Journal of Social Welfare and Family Law. 39(4). pp.417-434.
Grey, H., 2016. Zaburoni v. the Queen [2016] HCA 12: A Reaffirmation of the High Threshold
of Proof Necessary to Establish Specific Intent. U. Tas. L. Rev. 35. p.139.
Griffith, R., 2017. Criminal liability for spreading sexually transmitted infections. British journal
of community nursing. 22(9). pp.461-463.
Reed, A. and Bohlander, M., 2016. Towards a Rational Reconstruction of the Law on Secondary
Participation and Inchoate Offences: Attempt. In Participation in Crime. (pp. 173-188).
Routledge.
Stark, E., 2018. Coercive control as a framework for responding to male partner abuse in the
UK. The Routledge Handbook of Gender and Violence. p.15.
Online
Offences against the Person, incorporating the Charging Standard. 2018. [Online]. Available
through :<https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-
charging-standard>.
Wounding and GBH S.20 & S.18 OAPA 1861. 2018. [Online]. Available through
:<http://www.e-lawresources.co.uk/Wounding-and-Grievous-Bodily-Harm-%28GBH
%29.php>.
Sexual offence Act, 2003. 2018. [Online]. Available through
:<https://www.legislation.gov.uk/ukpga/2003/42/section/3
Offences Against the Person Act 1861. 2018. [Online]. Available through
:<http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents>.
R v DPP ex parte Jones [2000] IRLR 373 Court of Appeal. 2018 [Online]. Available
through :<http://www.e-lawresources.co.uk/R-v-DPP-ex-parte-Jones.php>.
Smith v Chief Constable of Woking (1983) 76 Cr App R 234. 2018. [Online]. Available
through :<http://www.e-lawresources.co.uk/Smith-v-Chief-Constable-of-Woking.php>.
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