public nuisance and outraging public decency - Law Commission

(iii) and it is, in the circumstances known to him, unreasonable to take
the risk. 10
PARTICULAR OFFENCES WITH SIMILAR FAULT ELEMENTS
Some analogous offences
5.9 Examples of crimes that exactly or closely follow these fault requirements –
intention and recklessness (including words broadly equivalent to recklessness,
such as ‘malice’ or ‘awareness’) - include criminal damage, some offences
against the person, and some public order offences.
5.10 Examples of offences with a requirement for proof of intention or recklessness
are as follows.
(1) Criminal damage. 11
(2) Assault occasioning actual bodily harm. 12
(3) Assault at common law.
5.11 Examples of offences where intention or ‘awareness’ of risk is sufficient are as
follows:
(1) Riot. 13
(2) Violent disorder. 14
(3) Affray. 15
(4) Threatening, abusive or insulting words or behaviour. 16
5.12 Examples of offences where ‘malice’ (meaning intention or recklessness) is
sufficient, are as follows:
(1) Malicious infliction of grievous bodily harm. 17
(2) Maliciously administering a destructive or noxious thing. 18
10 This definition was adopted by Lord Bingham in G [2003] UKHL 50, [2004] 1 AC 1034.
11 Criminal Damage Act 1971 s 1(1). See G, above.
12 Offences Against the Person Act 1861 s 47.
13 Public Order Act s 1. In relation to riot, Smith and Hogan, para 32.1.3.5 (p 1066), says: “It
must be proved that a person charged with riot shared that common purpose and that he
(but not necessarily the other 11 or more) intended to use violence or was aware that his
conduct might be violent, and it is important that this is made clear to the jury.”
14 POA 1986 s 2.
15 POA 1986 s 3.
16 POA 1986 s 4.
17 OAPA 1861 s 20.
18 OAPA 1861 s 23.
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