1 - Assaults & Violence Flashcards
Assault -
Act, Section and Definition
Criminal Justice Act 1998 s39:
Intentionally or recklessly causing the victim to apprehend immediate and unlawful violence
Assault -
Points to Prove
- Assaulted (Wood v DPP 2008)
- Another person
Battery -
Act, Section and Definition
Criminal Justice Act 1998 s39:
Intentional or reckless infliction of unlawful force or personal violence
Battery -
Points to Prove
- Assaulted
- Another person
- With unlawful force (Haystead 2000)
Assault Occasioning ABH -
Act, Section and Definition
OAPA 1861 s47:
An assault which occasions harm which is more than transient
Assault Occasioning ABH -
Points to Prove
- Assaulted
- Another person
- Causing bodily harm (DPP v Smith 2006)
Grievous Bodily Harm -
Act, Section and Definition
OAPA 1861 s20:
Unlawful or malicious infliction of serious harm on any person, with or without a weapon
Grievous Bodily Harm -
Points to Prove
- Unlawful
- Malicious (R v Cunningham 1957)
- Wound or GBH
- Upon another (R v Wilson & Jenkins 1983)
Grievous Bodily Harm with Intent -
Act, Section and Definition
OAPA 1861 s18:
Unlawful or malicious infliction of a wound or GBH to any person with intent to cause someone GBH, or with intent to resist or prevent lawful apprehension
Grievous Bodily Harm with Intent -
Points to Prove
- Unlawful
- Malicious
- Wound or GBH
- With intent (R v BM 2018)
- Prevent lawful apprehension
Threats to Kill -
Act, Section and Definition
OAPA 1861 s16:
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence
Threats to Kill -
Points to Prove
- Without lawful excuse
- Made threats to kill (R v Tait 1990)
- Intending to cause fear it would happen
