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Cover Complete Criminal Law

8. Non-fatal offences against the person  

This chapter discusses the provisions of criminal law for non-fatal offences against the person in England and Wales, which include assault, battery, malicious wounding, grievous bodily harm, and racially and religiously aggravated assaults. It examines the distinctions between these major offences against the person and discusses their actus reus and mens rea elements. The chapter evaluates the use of consent and lawful chastisement in legal defence, analyses the relevant provisions of the Protection from Harassment Act 1997 and the offences of coercive control and strangulation, and reviews recent reform proposals. It also provides examples of related cases and comments on the bases of court decisions on each of them.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

24. Blackmail and related offences  

David Ormerod and Karl Laird

This chapter deals with blackmail and related offences. The crime of blackmail involves making any unwarranted demand with menaces. Blackmail initially appears to have been coextensive with robbery and attempted robbery, but has since embraced more subtle methods of extortion. The law is currently set out in s 21 of the Theft Act 1968. This chapter considers unwarranted demand, the paradox of blackmail, the requirement of a view to gain or intent to cause loss, unlawful harassment of debtors and other offences based on threats including threats to kill, threats to damage property, threats of food terrorism, demanding payment for unsolicited goods with threats, robbery, assaults, threats of violence for the purpose of securing entry to premises and sending malicious communications.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

31. Offences against public order (additional chapter)  

David Ormerod and Karl Laird

The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

16. Non-fatal offences against the person  

David Ormerod and Karl Laird

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.