Offence against the person

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In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.

Contents

They are usually analysed by division into the following categories:

They can be further analysed by division into:

And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment).

Offences against the person are usually taken to comprise:

These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.

Although most sexual offences will also be offences against the person, [3] for various reasons (including sentencing and registration of offenders) sexual crimes are usually categorised separately. Similarly, although many homicides also involve an offence against the person, they are usually categorised under the more serious category.

United Kingdom

England and Wales

Fatal offences

In section 2(2) of the Law Reform (Year and a Day Rule) Act 1996, "fatal offence" means:

Sexual offences

Non-fatal non-sexual offences

For offences of aggravated assault, see Assault#England and Wales

  • Administering poison, so as to endanger life, contrary to section 23 of the Offences against the Person Act 1861 [7]
  • Administering poison, contrary to section 24 of the Offences against the Person Act 1861 [7]
  • Unlawful wounding or inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861
  • Wounding or causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861

Visiting Forces Act 1952

The expression "offence against the person" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 1 (England and Wales and Northern Ireland) and 2 (Scotland) of the Schedule to that Act.

England and Wales and Northern Ireland

In the application of section 3 of the 1952 Act to England and Wales and Northern Ireland it means any of the following offences:

It formerly included in particular:

Scotland

In the application of section 3 of the 1952 Act to Scotland, the expression "offence against the person" means any of the following offences:

United States

Federal law

Most federal crimes in the United States are contained within Title 18 of the United States Code. While the code is divided into multiple parts and multiple chapters, there is no part or chapter titled "crimes against the person," or anything similar thereto. [14] Although there is an absence of a chapter or part with the aforementioned name, the code still does contain provisions for crimes such as murder, rape, and assault, among others, all crimes which are typically considered to be a crime against the person.

American Samoa

Offences against the person in American Samoan law are contained in Chapter 35 of Title 46 of the annotated code, with the chapter carrying the title "Offenses Against the Person." [15]

California

Crimes against the person in California law are contained within Title 8 of Part 1 of the California Penal Code, with Title 8 carrying the title "OF CRIMES AGAINST THE PERSON." This title includes sections 187 through 248 inclusive of the Penal Code. [16]

See also

Related Research Articles

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An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.

<span class="mw-page-title-main">Sexual Offences Act 2003</span> United Kingdom legislation

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Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.

Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.

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The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

<i>Crimes Act 1900</i> Legislation of NSW, Australia that establishes a majority of criminal offences

The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).

<span class="mw-page-title-main">English criminal law</span> Legal system of England and Wales relating to crime

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Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions. Different forms of liability employ different notions of fault, in some there is no need to prove fault, but the absence of it.

Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.

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In Canada, homicide is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, the others being manslaughter and infanticide.

<span class="mw-page-title-main">Sexual Offences (Amendment) Act 1976</span> United Kingdom legislation

The Sexual Offences (Amendment) Act 1976 is an act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole Act is repealed. Section 7(2) now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental.

Non-fatal offences against the person, under English law, are generally taken to mean offences which take the form of an attack directed at another person, that do not result in the death of any person. Such offences where death occurs are considered homicide, whilst sexual offences are generally considered separately, since they differ substantially from other offences against the person in theoretical basis and composition. Non-fatal offences against the person mainly derive from the Offences against the Person Act 1861, although no definition of assault or battery is given there.

English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "King's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter.

References

  1. Often referred to as administration of a noxious substance in legal parlance.
  2. Some legal systems have two separate crimes: occasioning grievous bodily harm, and intentionally inflicting grievous bodily harm.
  3. For example, it would be legally impossible to rape another person without also committing a battery against them
  4. "Law Reform (Year and a Day Rule) Act 1996". Legislation.gov.uk. Retrieved 26 February 2015.
  5. The Law Reform (Year and a Day Rule) Act 1996, section 2(3)(b) (as substituted by section 177(1) of and paragraph 60(2) of Schedule 21 to, the Coroners and Justice Act 2009). Commencement: 1 February 2010. SI 2010/145, art. 2(2) & Sch. paras. 18(a) & 25(a).
  6. The Law Reform (Year and a Day Rule) Act 1996, section 2(3)(c) (as inserted by section 58(1) of, and paragraph 33 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004). Commencement: 21 March 2005. SI 2005/579, arts. 2(b) and (c).
  7. 1 2 This expression is used by Archbold Criminal Pleading, Evidence and Practice, 1999, para 19-224, in a specimen count, in the statement of the offence. The particulars of the offence in the specimen count actually charge administration of "a poison or other destructive or noxious thing".
  8. "The reference to an offence of aiding, abetting, counselling or procuring suicide or an attempt to commit suicide is prospectively replaced by a reference to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide)". Legislation.gov.uk. Retrieved 26 February 2015.
  9. 1 2 "Female Genital Mutilation Act 2003". Legislation.gov.uk. 27 May 2011. Retrieved 26 February 2015.
  10. 1 2 3 "Sexual Offences Act 2003". Legislation.gov.uk. Retrieved 26 February 2015.
  11. "The Sexual Offences (Northern Ireland) Order 2008". Legislation.gov.uk. 24 July 2013. Retrieved 26 February 2015.
  12. 1 2 "Sexual Offences Act 2003". Legislation.gov.uk. Retrieved 26 February 2015.
  13. 1 2 "The Sexual Offences (Northern Ireland) Order 2008". Legislation.gov.uk. 24 July 2013. Retrieved 26 February 2015.
  14. "Browse the United States Code". Office of the Law Revision Counsel . Retrieved 29 January 2021.
  15. "Chapter 35 - Offenses Against the Person". American Samoa Bar Association. Retrieved 30 January 2020.
  16. "Title 8 of Part 1 of the California Penal Code". California Office of Legislative Counsel. 1872. Retrieved 29 January 2021.