Criminal Law Outline:Non-fatal offences against person

Common assault (ie. assault / battery), Assault OABH, Wounding and inflicting or causing GBH (with or without intent), Assaulting a PO in execution of duty, Wilful neglect of a child.

(1).Common assault

S40 of Offences against the Person Ordinance (CAP 212):”Any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year”.

(2).Battery (least serious of the non-fatal offences that involves physical violence)

(3). Assault occasioning actual bodily harm (Assault OABH)

S39 of Offences against the Person Ordinance (CAP 212):” Any person who is convicted of an assault occasioning actual bodily harm shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 3 years.”

(4). Wounding or inflicting grievous bodily harm (with or without intent)

S.19 Offences against the Person Ordinance (CAP 212): “Any person who unlawfully and maliciously wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 3 years”

(5). Grievous bodily harm with intent

(6).Assaulting a police officer in execution of duty (specific intent offence)

s.63, Police Force Ordinance (Cap 232): Penalty on person assaulting, etc. police officer in execution of duty, or misleading officer by false information: ”Any person who assaults or resists any police officer acting in the execution of his duty, or aids or incites any person so to assault or resists, or refuses to assist any such officer in the execution of his duty when called upon to do so, or who, by the giving of false information with intent to defeat or delay the ends of justice, wilfully misleads or attempts to mislead any such officer, shall be liable on summary conviction to a fine of $5,000 and to imprisonment for 6 months.”

(7).Wilful neglect of a child:s27 of Cap. 212 Offences against the Person Ordinance

27.Ill-treatment or neglect by those in charge of child or young person

(1) 【ill-treatment】If any person over the age of 16 years who has the custody, charge or care of any child or young person under that age wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person or causes or procures such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, or any mental derangement) such person shall be guilty of an offence and shall be liable—
(a)on conviction on indictment to imprisonment for 10 years; or (Amended 22 of 1950 Schedule; 68 of 1995 s. 51)
(b)on summary conviction to imprisonment for 3 years, (Amended 68 of 1995 s. 51)

【neglect】and for the purposes of this section a parent or other person over the age of 16 having the custody, charge or care of a child or young person under that age shall be deemed to have neglected him in a manner likely to cause injury to his health if he fails to provide adequate food, clothing or lodging for the child or young person, or if, being unable otherwise to provide such food, clothing or lodging, he knowingly and wilfully fails to take steps to procure the same to be provided by some authority, society or institution which undertakes to make such provision for necessitous children or young persons.

(2)A person may be convicted of an offence under this section, either on indictment or by a court of summary jurisdiction, notwithstanding that actual suffering or injury to health or the likelihood of such suffering or injury to health was obviated by the action of another person.

(3)A person may be convicted of an offence under this section, either on indictment or by a court of summary jurisdiction, notwithstanding the death of the child or young person in respect of whom the offence is committed.

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