Offences Against The Person
📌 Offences Against the Person
Offences Against the Person are a category of criminal offences where the victim suffers physical harm, threat, or injury. These offences range from minor assaults to serious violent crimes like murder. The principal statute governing these offences is the Offences Against the Person Act 1861 (OAPA 1861), supplemented by common law.
1. Assault
Definition:
Assault is causing another person to apprehend immediate unlawful personal violence.
Key Case: R v. Ireland (1997)
The defendant made a series of silent phone calls causing the victims to fear immediate violence.
The House of Lords held that silence could amount to an assault if it causes apprehension of violence.
Clarified that actual physical contact is not necessary for assault; mere apprehension suffices.
Importance:
Expanded understanding of assault to include psychological fear.
Established that even non-physical acts can constitute assault.
2. Battery
Definition:
Battery involves the unlawful application of force to another person.
Key Case: Collins v. Wilcock (1984)
Police officer grabbed a woman’s arm to stop her, but it was held she had not consented to the touching.
The court distinguished between lawful physical contact (e.g., in policing) and battery.
Defined battery as “the actual infliction of unlawful force”.
Importance:
Clarified the boundaries of lawful vs. unlawful force.
Established battery as a common assault offence involving physical contact.
3. Actual Bodily Harm (ABH)
Definition:
ABH means any hurt or injury calculated to interfere with the health or comfort of the victim.
Key Case: R v. Chan-Fook (1994)
The defendant assaulted the victim causing psychological harm.
The Court of Appeal held that psychiatric injury can amount to ABH if it is a recognizable medical condition.
Established that ABH includes both physical and psychological injuries.
Importance:
Broadened ABH to include serious psychological harm.
Defined threshold for injury beyond trivial or transient pain.
4. Grievous Bodily Harm (GBH) – Section 20 and Section 18 OAPA 1861
Definition:
GBH means really serious bodily harm. Section 20 is for unlawful and malicious wounding or inflicting GBH without intent, while Section 18 covers wounding or causing GBH with intent.
Key Case: R v. Bollom (2004)
Defendant inflicted multiple bruises on a child.
Court held the severity of injuries should be assessed considering the victim's age and health.
Reinforced that GBH can include serious but non-life-threatening injuries.
Key Case: R v. Mowatt (1968)
Defendant caused injuries without intent to cause serious harm.
Court held that for Section 20, recklessness as to some harm is sufficient mens rea.
Distinguished Section 18 which requires specific intent to cause serious harm.
Importance:
Defined the mens rea for different GBH offences.
Provided guidance on assessing injury severity.
5. Wounding
Definition:
Wounding involves breaking the continuity of the whole skin.
Key Case: JCC v. Eisenhower (1983)
The victim was shot with a shotgun pellet causing a blood vessel rupture but no skin break.
Court ruled that internal bleeding does not constitute wounding.
Wounding requires breaking both layers of the skin.
Importance:
Clarified what constitutes a wound for legal purposes.
6. Murder
Definition:
Murder is the unlawful killing of a human being with malice aforethought (intention to kill or cause grievous bodily harm).
Key Case: R v. Cunningham (1982) (not to be confused with the earlier Cunningham on recklessness)
Reaffirmed that intention to cause serious harm or death constitutes malice aforethought.
Court examined direct and oblique intention.
Introduced concept of “virtual certainty” to infer intention.
Key Case: R v. Vickers (1957)
Defendant broke into a shop and attacked an elderly woman, who died.
Court held that intention to cause GBH is sufficient for murder.
Established that intent to cause serious harm is enough, no need for direct intent to kill.
Importance:
Defined the mental element of murder.
Set parameters for when an act qualifies as murder.
7. Manslaughter
Definition:
Unlawful killing without malice aforethought, divided into voluntary (e.g., loss of control, diminished responsibility) and involuntary manslaughter (e.g., unlawful act or gross negligence).
Key Case: R v. Adebolajo and R v. Adebowale (2014)
Defendants killed soldier Lee Rigby in a terrorist attack.
Convicted of murder, illustrating application of intent.
Highlighted use of voluntary manslaughter defenses is rare in intentional killings.
Key Case: R v. Adomako (1995) (Gross Negligence Manslaughter)
Anaesthetist failed to notice disconnected oxygen supply, patient died.
Court held defendant liable for gross negligence manslaughter.
Established test for negligence causing death.
Importance:
Clarified distinctions and tests for types of manslaughter.
Set standards for professional negligence liability.
📌 Summary Table: Offences Against the Person and Key Cases
| Offence | Key Case | Principle Established |
|---|---|---|
| Assault | R v. Ireland (1997) | Silence can constitute assault; apprehension of immediate harm |
| Battery | Collins v. Wilcock (1984) | Actual infliction of unlawful force |
| Actual Bodily Harm | R v. Chan-Fook (1994) | Includes psychiatric injury if medically recognized |
| Grievous Bodily Harm | R v. Bollom (2004), R v. Mowatt (1968) | Severity of injury and mens rea for Section 20 and 18 |
| Wounding | JCC v. Eisenhower (1983) | Breaking both layers of skin required for wounding |
| Murder | R v. Vickers (1957), R v. Cunningham (1982) | Intention to kill or cause serious harm sufficient for murder |
| Manslaughter | R v. Adebolajo (2014), R v. Adomako (1995) | Voluntary and involuntary manslaughter principles |
📍 Conclusion
Offences Against the Person encompass a broad spectrum from minor assault to murder, distinguished by the nature of harm and mental element involved. UK case law has meticulously defined each offence’s requirements to ensure clear standards for prosecution and protection of victims.
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