Offence against the person
From The Art and Popular Culture Encyclopedia
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In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
They are usually analysed by division into the following categories:
- Fatal offences
- Sexual offences
- Non-fatal non-sexual offences
They can be further analysed by division into:
- Assaults
- Injuries
And it is then possible to consider degrees and aggravations.
Offences against the person are usually taken to comprise:
- Fatal offences
- Murder
- Manslaughter
- Non-fatal non-sexual offences
- Assault, or common assault
- Battery, or common battery
- Wounding or wounding with intent
- Poisoning
- Assault occasioning actual bodily harm (and derivative offences)
- Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences)
The crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.
In the United Kingdom, 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.
Although most sexual offences will also be offences against the person, 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.
See also
Offences Against the Person Act
