Non-Fatal Offences

Non-Fatal Offences

Definition

  • Non-fatal offences are crimes that cause harm to a person, but do not result in the death of the victim.

Classification

  • Non-fatal offences fall into different categories, including assault, battery, actual bodily harm (ABH), grievous bodily harm (GBH), and wounding with intent.

Assault

  • Assault is an act creating a fear of imminent harm. The victim must apprehend immediate unlawful personal violence, but no physical contact needs to occur.

Battery

  • Battery occurs when a person intentionally or recklessly applies unlawful physical force to another. This can be any level of force, even minor contact like pushing or even spitting.

Actual Bodily Harm (ABH)

  • ABH involves causing actual physical damage to a person, such as minor injuries. The involvement of psychological harm is also recognised within ABH.

Grievous Bodily Harm (GBH)

  • GBH refers to ‘really serious bodily harm’, such as broken bones or serious head injuries. It’s a more serious offence than ABH.

Wounding with Intent

  • Wounding with intent is the most severe category of non-fatal offences involving the intentional causing of serious bodily harm.

Mens Rea

  • The mens rea or mental element required varies between offences. For instance, for assault and battery, the offender must intend to or recklessly cause some harm or fear of harm.

Actus Reus

  • The actus reus or physical act involved also varies. It can range from causing fear in assault to causing significant injury in wounding with intent.

Penalties

  • Penalties for non-fatal offences can vary greatly, depending on the severity of the offence. These can range from fines and community orders up to life imprisonment for the most severe offences.

Defences

  • There are various defences to non-fatal offences, such as self-defence or consent in certain situations.

Impact on Businesses

  • Non-fatal offences can impact businesses in numerous ways. They can lead to loss of employees, investigations, legal costs and potential reputational damage.
  • Businesses should therefore strive to maintain a safe working environment to minimise the risk of such offences. This includes clear policies on behaviour, as well as procedures to report and address offences.