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Non Fatal Offences Against the Person (Doc)
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Added on 2020-10-05
Non Fatal Offences Against the Person (Doc)
Added on 2020-10-05
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NON FATAL OFFENCES AGAINST THEPERSON
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1Features of following assault .....................................................................................................1a) Common Assault.....................................................................................................................1b) Assault by beating...................................................................................................................2c) Assault occasioning Actual Bodily harm (ABH)....................................................................2TASK 2............................................................................................................................................3Wounding and Assault occasioning Grievous Bodily Harm (GBH)..........................................3a) without intent..........................................................................................................................3b) With intent..............................................................................................................................4TASK 3............................................................................................................................................4Analysing features and difference between................................................................................4a) Rape........................................................................................................................................4b) Indecent assault ......................................................................................................................4CONCLUSION ...............................................................................................................................4REFERENCES................................................................................................................................5
INTRODUCTIONNon-fatal offence against a person means an offence in form an attack which is directedtowards that person which do not result in death of that person. These are offensive acts whichcause serious physical harm or damage to an individual by another person intentionally. Thisincludes assault and battery and grievous bodily harm. In the present report, a discussion relatedwith various types of assault against a person will be done. With presenting features of assaultssuch as actus reus and mens reas related with assault will also be discussed. TASK 1Features of following assault a) Common AssaultCommon Assault: This can be defined as an intentional case or recklessness of adefendant causing the victim unlawful personal violence. This is outlined in Section 39 ofcriminal justice Act, 1988. This is a summary offence as it includes both battery and assault, andis capable of being religiously or racially aggravated as per Crime and Disorder Act 1998. As perthis section, both racial and religious offence is considered as assault. In normal terms, it can bedefined as involvement of both assault and battery and together they are charged as commonassault. Actus reus In criminal law, actus reus means all elements of a crime other than mind state ofdefendant. It is a physical element of a crime. It consists of conduct, result, a state of affair oromission. This means giving a person feeling of fear with immediate application of unlawfulpersonal violence. This can be stated in two parts:1.Application of force on victim by defendant: It means that victim must be aware of afact that there is a chance of violence (Grey, 2016). This can be understood as, whendefendant shakes his fist, the victim fears that he might get hit in fraction of second. InSmith v superintendent of working police, it was said that a fear in mind of victim aboutprospect violence is necessary for establishment of Actus reus (Smith v Chief Constableof Woking(1983) 76 Cr App R 234, 2018). 1
2.Use of force will be immediate: The fear must be immediate with an action of predatorgiving a feel to victim that he/she might be attacked, the fear is not absolute in actus reusand can be termed as apprehend of immediate physical violence. As with a shack of fistan 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 culpablemind of defendant. This is what actually goes inside the mind of a defendant. This can be inform of direct, indirect intention or recklessness. For common assault, mens rea is application ofunlawful 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 physicalviolence. Penalty: Fine with a maximum of £5000Imprisonment: Sentence up to six months b) Assault by beatingUse of violence in common assault in called as battery and the defendant is charged withattack by beating. This does not mean that victim was actually hit or even kicked by offender. Itcould 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 moreor less same as common-assault. Actus reus: Fear or understanding by victim that unlawful physical force can be used onhim by defendant. It is an application of unlawful force to another person. This can be done withas a hit in beak if head of victim. Physical element of battery is that bodily harm to victim isdone, it need not to be very significant or caused with direct contact of offender. Mere touchingor grabbing cloth of victim can also amount to battery. Mens rea: The mental element of battery is also same as of assault, where that defendanthas an intention of causing a physical injury to victim. Mens rea of battery incudes intention ofapplication of force or immediate use of physical violence to victim. A recklessness on behalf ofdefendant is also included in this as harm might be caused to that person. Risk related with act to2
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