16. Non-fatal offences against the person

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment and possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997. It also considers coercive control as well as racially or religiously aggravated versions of the relevant offences.

“When I Take Drugs, I Don’t Care”: Insights into the Operational Dynamics of Male Violent Offenders in a Correctional Centre

This study investigated the operational dynamics of male violent offenders incarcerated in Abakaliki custodial center, Nigeria. A cross-sectional survey research design was adopted and purposive technique used to recruit 260 inmates charged with violent offenses. The data generated from structured questionnaire were analyzed using Predictive Analytic Software (PAS), with ordinary least regression, descriptive statistics and spearman rank order correlation techniques, employed in testing the variables explored. Findings revealed that this population use drugs to enhance criminal performance through being brutal; instilling fear in victims to secure their total compliance and submission; and suppressing regret for their criminal acts. Heroin, followed by, cocaine, cannabis, tramadol, and multiple drug use, were commonly used drugs in the population surveyed, with their offenses ranging from cultism, armed robbery, murder and burglary to kidnapping and assault and battery. Gaining insights into the changing operational knowledge, procedures and dynamics of violent offenders will (re)direct policy approach and action that are capable of increasing public and custodial safety. It will also orient and direct practical prison reforms for successful rehabilitation and reintegration of released inmates into the free world.

10. Non-fatal offences against the person

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.

7. Non-fatal offences against the person

This chapter deals with non-fatal offences against the person, a variety of offences designed to criminalise behaviour ranging from the infliction of serious (non-fatal) injuries to potential targeting of any non-consensual contact. The chapter begins by explaining the offences of assault and battery, the actus reus and mens rea of each, and defences. It then considers relevant provisions of the Offences Against the Person Act 1861 with respect to assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and wounding or causing grievous bodily harm with intent. The chapter then considers ‘conduct focussed’ offences against the person, such as harassment and poisoning. Finally, the chapter outlines potential legal reforms concerning modernisation and re-codification, constructive liability, and consent; and the potential application of the offences against the person within a problem question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

5. Non-fatal offences against the person

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the five principal non-fatal offences against the person: assault and battery (the common assaults) and the offences under ss 47, 20, and 18 Offences Against the Person Act 1861 (OAPA). The victim’s consent may negate the offence, but whether or not it does depends to a great extent on the type of crime, what the victim knows, the extent of the harm which is caused, and matters of public policy. Stalking and harassment may amount to a crime in certain circumstances. Four of the principal assaults are aggravated if the crime committed is motivated by religious or racial hatred.

4. Non-Fatal Offences Against the Person

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.

Police violence targeting LGBTIQ+ people in Nigeria: Advancing solutions for a 21st century challenge

The Government of Nigeria passed the Same-Sex Marriage Prohibition Act (SSMPA) in 2014, emboldening the human rights violations of LGBT Nigerians by state and nonstate actors. Nigerian police enforce morality laws that criminalize same-sex relations, but their role as perpetrators of violence has not been well studied. Using six-year (2014 to 2019) administrative data, this article investigates the severity, prevalence, and typology of police violence and abuse of LGBT Nigerians. Since SSMPA, violence against LGBT Nigerians has risen by 214 percent. Survivors frequently report arbitrary arrest and unlawful detention, invasion of privacy, physical assault and battery, and blackmail/extortion. This study is the first to present serial, cross-sectional findings of LGBT Nigerians’ experience with the police. Available administrative reports and data were synthesized to produce a general picture of the situation on the ground. Findings point to actionable social and policy recommendations that can be taken to promote police accountability and improve police-LGBT community relations.

6. Non-Fatal Non-Sexual Offences Against the Person

This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.

Understanding the Nature and Context of Domestic Homicide Committed by Female Victims of Domestic Violence in Iran: Examining Current and Alternative Criminal Justice Responses

Domestic homicide is the most serious type of violence in a marital relationship, which is punishable by the death penalty as retaliation (Qisas) according to the Penal Code of Iran. The present paper analyzes why a woman commits this crime (the killing of her husband), examining the killer’s status in a marital relationship. Data show that the killers had been victims of domestic violence for 10–25 years. In other words, domestic homicide has a direct relationship with the killer being victimized by domestic violence, including physical (assault and battery), mental (insult and obscenity), sexual and sometimes financial violence that may result from addiction. The most important reason for domestic homicide is the failure to provide legal and social protection for women. This incites hatred for the husband, which arises from repeated victimization in a coercive relationship with the husband. These women cannot end this coercive relationship because of insufficient or unavailable legal, social or family protection. Moreover, the process of divorce for a woman in Iran is quite complex. This article also examines the potential defense of mental capacity and self-defense and its place in the Iranian penal code. Based on this research, this article argues for the need for the legislature to review the death penalty for this kind of crime and to consider other possible responses to such murders.

Sadomasochistic Assault

This chapter considers sadomasochistic assault. Although no offense in the criminal law is specifically labeled as such, this kind of conduct has been prosecuted under general (nonsexual) assault and battery provisions. Consent normally is allowed as a defense to charges of assault involving other kinds of (nonsexual) consensual pain infliction, such as occurs in surgery, sports, tattooing, and religious flagellation. Sadomasochistic assault prosecutions differ in that the consent or volenti defense is generally disfavored. The chapter offers an argument for why consensual sadomasochistic sex is more wrongful than these others kinds of consensual harm causing, based on the doctrine of double effect (the idea that it is permissible to cause harm as a side effect of bringing about a good result, even though it would not be permissible to cause such harm as a means to bringing about the same good end). But even if that argument is correct, it would not necessarily justify SM’s criminalization. Also considered here is the problem of how to distinguish between SM that is truly consensual and that which is not. Given the role playing it sometimes involves, there exists a possibility that without appropriate safeguards, SM might serve as a cover for what is essentially rape and sexual assault.