Peter:'Morning Juan. You look very tired. Didn't you sleep well last night?'
Juan:'No, I didn't.'
Peter:'Why?'
Juan:'There is a group of teenagers who often hang out in front of my house. Last night they were drunk and shouting until the early hours of the morning. So, I didn't sleep well.'
Peter:'You should have called the police because they were engaging in anti-social behaviour, which is a crime.'
Juan:'They weren't violent, they were just loud and drunk.'
Peter:'Engaging in a type of behaviour which is regarded as unacceptable in a public place, (like being very drunk) or which affects their neighbours (like playing very loud music), is the criminal offence of anti-social behaviour. It is not a serious crime, but it is a crime all the same.'
Juan:'So football hooliganism is an example of anti-social behaviour?'
Peter:'Yeah, it can be. If in addition to being loud and drunk and damaging things, they are actually fighting or being very aggressive amongst themselves in a public place, then they are committing the crime of affray. Engaging in a behaviour which causes other people not involved to fear for their safety.'
Juan:'With the kids outside my house, would it have been anti-social behaviour or affray if I had gone out to tell them to be quiet and they had threatened to hurt me?'
Peter:'It wouldn't be affray because they weren't fighting or acting aggressively amongst themselves. But by threatening to physically hurt you, they are committing another crime in addition to anti-social behaviour. That is the crime of assault.'
Juan:'But isn't assault when you physically attack someone? People say that someone assaulted them when they have been physically attacked.'
Peter:'Yes, and it can and it is in some countries used with that meaning. But traditionally in legal English, it just means to be threatened without any physical contact. If someone does touch you; they punch, slap or push you in an aggressive way for example, the criminal offence is called battery.'
Juan:'So sometimes assault means physically attacking someone and sometimes it just means threatening without physical contact. It is very confusing.'
Peter:'I know, that's the law for you. Never simple!'
Juan:'One of my friends actually got badly beaten up by a group of five men last year for no reason. They kicked him in the head several times. He was in hospital for a week because of his injuries. So the people who had done it, would have been charged with the crime of battery then?'
Peter:'Actually no. The crime of battery is normally used against a person where the victim receives minor injuries, like bruises for example, but nothing serious. If your friend was in the hospital for a week, I presume your friend suffered serious injuries. In that case, the people who did it would be charged with the more serious crime of aggravated assault and battery.'
Juan:'He did suffer serious injuries. At one point the doctors thought that he may die, but fortunately he didn't.'
Peter:'If he had died, the people who attacked him could have been charged with murder.'
Juan:'But isn't the crime of murder only when someone plans before to kill someone and then does it?'
Peter:'The unlawful killing of someone doesn't only have to be planned for it to be considered as the crime of murder. You can also commit the crime of murder if you kill somebody without planning to do it, but you do something violent to them which any reasonable person should know could very likely kill them. You said that they kicked him in the head several times. Everyone knows that that could kill someone.'
Juan:'So what crime would it be if I got into a fight after having an argument with a stranger in the street and as a result of the fight, he dies of his injuries. Would that be regarded as murder as well?'
Peter:'In that situation you would have committed the crime of voluntary manslaughter. There wasn't any planning to kill, but you were doing something which was violent against him (i.e. the fighting) which could potentially cause their death or serious injury.'
Juan:'But that is the same as murder, isn't it?'
Peter:'Yes, but in the situation you gave me, there was some provocation, i.e. the argument which caused the fight. And because of that provocation, if he died you would probably be charged with voluntary manslaughter instead of murder. But with your friend, the group of men attacked him for no other reason than to physically hurt him. You see the difference?'
Juan:'Yeah, I think. Is voluntary manslaughter what some people call a crime of passion?'
Peter:'Yeah. People are often charged with voluntary manslaughter when they become violent and lose control because of something happening and then kill somebody. It is less severely punished than murder.'
Juan:'And would it be voluntary manslaughter if I killed someone whilst I was drunk driving?'
Peter:'No, it wouldn't. Mainly because you are not doing something which is intentionally violent towards someone or you want to hurt them. Their death has resulted from you doing something which you know you shouldn't do (e.g. driving when drunk) or not doing something you know you should (e.g. forgetting to cover a deep hole in the ground which someone subsequently falls down into and dies from). This type of homicide is called involuntary manslaughter, you kill somebody as a result of doing something badly.'