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Non-Fatal Offences Against the Person - Coggle Diagram

- - - - Section 90(a):
        
        If the consent is given by a person under:
        
        fear of injury, or
        
        under a misconception of fact, and
        
        if the person doing the act knows, or has reason to believe the same.
    - - Section 90(b):
        
        if the consent is given by a person who:
        
        from unsoundness of mind or
        
        intoxication
        is able to understand the nature and consequene of that to which he gives his consent
    - - Section 90(c):
        
        If the consent is given by a person who is under 12 years of age
    - - Section 87:
        
        Any person 18 years of age who has given consent to suffer harm (express/implied)
        
        No intention to cause death or grievous hurt
        
        No knowledge that act likely to cause death or grievous hurt
        
        Not an offence if harm caused
        
        Illustration:
        
        A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play, and if A while playing fairly hurts Z, A commits no offence
    - - Section 88:
        
        consent given (express/implied)
        
        No intention to cause deth
        
        Act done in good faith for benefit of the victim
        
        No offence committed
        
        Illustration:
        
        A (surgeon) knowing that a particular operation is likely to cause death of Z who suffers under a painful complaint, but not intending to cause Z's death, and intending in good faith, Z's benefit, performs that opeartion on Z, with Z's consent. A has committed no offence
    - - Section 89:
        
        Victim ust be below 12 years old/unsound mind
        
        Consent given OR act done by guardian/person having lawful charge
        
        Act done in good faith/benefit of the victim
        
        Illustration:
        
        A (in good faith) for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likley that the operation will cause the child's death, but not intending to cause the child's death. A is withint he exception, is as much as his object was the cure of the child
        
        Exceptions to S89
        
        (a) the intentional causing of death, or to the attempting to cause death
        
        (b) the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death/grievous hurt, or the curing of any grievous disease/infirminity
        
        (c) the voluntary causing of grievous hurt, or to the attempting to cause *grievous hurt unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease/infirminity
        
        (d) the betment of any offence, to be committing of whic offence it would not extend
- - - - Psychological Injury per R v Chan-Fook (1994):
        
        ABH includes psychiatric injury that amounts to medically recognised condition and not just mere emotions
        
        Per Hobhouse LJ: ABH can include psychiatric injury but cannot include emotions like fear/distress/panic or any other state of minds not identifiable as a clinical condition
        
        Facts: D aggressively questioned C he suspected of stealing his fiancee's jewellery. C frightened, escaped through a window but injured himself when he fell to the ground. D charged under S47 but denied striking C.
        
        Held: For liability to incur, its enough that C suffered a hysterical/nervous condition at the time D was convicted at first instance
  - - - Facts: D gave a lift in his car to a girl ate at night where he made unwanted sexual advances. C was frightened and jumped out of the car.
        
        Held: D committed AR of S47 by touching C's clothes - sufficient for AR of battery, causing C to suffer ABH
        
        D argued that he lacked the MR as he did not intend to cause ABH but it was rejected as MR for battery is enough by itself
- - - - Wounding per C (A Minor) v Eisenhower (1984):
        
        Requires breaking of the skin usually leads to bleeding
      - Inflicting GBH:
        
        Means really serious bodily harm, jury has to decide if the harm is really serious
        
        e.g. injury resulting in permanent disability, broken/displaced limbs or bones, substantial loss of blood needing transfusion, serious psychiatric injury