CRIMINAL LAW
(STUDY NOTES)
Lectures 9-13
,1
, Table of Contents
Non Fatal Offences Against The Person ……………………………………………… 3
Non Fatal Offences Against The Person Defences …………………………………… 16
Property Offenses …………………………………………………………………….... 26
Complicity ……………………………………………………………………………… 38
Inchoate Offenses ……………………………………………………………………… 49
2
, NON FATAL OFFENSES AGAINST THE PERSON (I) - OFFENCES
Offenses Against the Person
There are four main categories of non-fatal offenses against the person:
1. Assault and battery
a. Assault and battery are both defined at common law, although the
power to charge these offenses is derived from s.39 of the Criminal
Justice Act 1988.
2. Assault occasioning actual bodily harm (‘ABH’)
a. Defined under s.47 (assault occasioning ABH) Offences Against
the Person Act 1861
3. Wounding, or inflicting grievous bodily harm (‘GBH’)
a. s.20 (assault occasioning GBH) of the Offences Against the
Person Act 1861
4. Wounding, or causing GBH with intent
a. s.18 (assault occasioning GBH with intent) of the Offences Against
the Person Act 1861, respectively.
These offenses are known as Ladder of offenses/seriousness
➔ (4 is the most serious; 1 is the least serious).
Homicide (Ladder) offenses consider the most serious offenses then work their way
down to the least serious offense.
All offenses against the person are result offenses, whereby they are defined by the
level of harm they cause the victim. (Does not iclude conduct offenses)
IN THIS LECTURE WE WILL GO FROM LEAST - MOST SERIOUS
Assault & Battery
● Common Law Offenses, derived from case Law
● The power to charge those offenses is from S.39 Criminal Justice Act 1988
1) Assault
➔ AR: Any conduct by D that causes V to apprehend imminent
unlawful personal violence upon victim
➔ MR: intention or recklessness as to whether the victim was caused to
apprehend imminent and unlawful personal violence.
3
(STUDY NOTES)
Lectures 9-13
,1
, Table of Contents
Non Fatal Offences Against The Person ……………………………………………… 3
Non Fatal Offences Against The Person Defences …………………………………… 16
Property Offenses …………………………………………………………………….... 26
Complicity ……………………………………………………………………………… 38
Inchoate Offenses ……………………………………………………………………… 49
2
, NON FATAL OFFENSES AGAINST THE PERSON (I) - OFFENCES
Offenses Against the Person
There are four main categories of non-fatal offenses against the person:
1. Assault and battery
a. Assault and battery are both defined at common law, although the
power to charge these offenses is derived from s.39 of the Criminal
Justice Act 1988.
2. Assault occasioning actual bodily harm (‘ABH’)
a. Defined under s.47 (assault occasioning ABH) Offences Against
the Person Act 1861
3. Wounding, or inflicting grievous bodily harm (‘GBH’)
a. s.20 (assault occasioning GBH) of the Offences Against the
Person Act 1861
4. Wounding, or causing GBH with intent
a. s.18 (assault occasioning GBH with intent) of the Offences Against
the Person Act 1861, respectively.
These offenses are known as Ladder of offenses/seriousness
➔ (4 is the most serious; 1 is the least serious).
Homicide (Ladder) offenses consider the most serious offenses then work their way
down to the least serious offense.
All offenses against the person are result offenses, whereby they are defined by the
level of harm they cause the victim. (Does not iclude conduct offenses)
IN THIS LECTURE WE WILL GO FROM LEAST - MOST SERIOUS
Assault & Battery
● Common Law Offenses, derived from case Law
● The power to charge those offenses is from S.39 Criminal Justice Act 1988
1) Assault
➔ AR: Any conduct by D that causes V to apprehend imminent
unlawful personal violence upon victim
➔ MR: intention or recklessness as to whether the victim was caused to
apprehend imminent and unlawful personal violence.
3
