= NON FATAL OFFENCES AGAINST THE PERSON =
Generally there are 2 types of non-fatal offences against person: sexual or non-sexual. There
are 5 types of non-sexual, non-fatal offences against person:
[A] Common law offences
* similar to sexual assault, it vindicates and provides protection from invasion to an
individual personal autonomy or privacy. Real harm which befell the victim is not required,
but merely a non-consenting victim is needed.
(1) Battery
(2) Assault
[B] Statutory law offences under Offences Against Person Act 1861
* while consent is irrelevant under these offences, it must be proved harm as a result of
such conducts.
(1) Assault occasioning actual bodily harm – s. 47
(2) Malicious wounding and inflicting GBH – s. 20
(3) Wounding or causing GBH with intention – s. 18
Comparison of AR & MR
Battery/Assault s.47 s.20 s.18 Murder
AR No requirement Requirement of Requirement Requirement Caused
of harm ABH of wounding of wounding death
or GBH or GBH
MR Intention/ Intention/Reckless Intention to Intention to
Reckless as to as to inflict force/ cause GBH / cause GBH
inflict force/ might apprehend persist or or kill
might apprehend violence prevent
violence lawful
No requirement of Requirement apprehension
foreseeing harm of foreseeing or detention
harm (not
necessarily
GBH)
[C] Key Debates:
1. Consenting to harm
2. Transmission of STDs
- Reckless transmission?
3. Reformation of law of NFOAP
Generally there are 2 types of non-fatal offences against person: sexual or non-sexual. There
are 5 types of non-sexual, non-fatal offences against person:
[A] Common law offences
* similar to sexual assault, it vindicates and provides protection from invasion to an
individual personal autonomy or privacy. Real harm which befell the victim is not required,
but merely a non-consenting victim is needed.
(1) Battery
(2) Assault
[B] Statutory law offences under Offences Against Person Act 1861
* while consent is irrelevant under these offences, it must be proved harm as a result of
such conducts.
(1) Assault occasioning actual bodily harm – s. 47
(2) Malicious wounding and inflicting GBH – s. 20
(3) Wounding or causing GBH with intention – s. 18
Comparison of AR & MR
Battery/Assault s.47 s.20 s.18 Murder
AR No requirement Requirement of Requirement Requirement Caused
of harm ABH of wounding of wounding death
or GBH or GBH
MR Intention/ Intention/Reckless Intention to Intention to
Reckless as to as to inflict force/ cause GBH / cause GBH
inflict force/ might apprehend persist or or kill
might apprehend violence prevent
violence lawful
No requirement of Requirement apprehension
foreseeing harm of foreseeing or detention
harm (not
necessarily
GBH)
[C] Key Debates:
1. Consenting to harm
2. Transmission of STDs
- Reckless transmission?
3. Reformation of law of NFOAP
