16. Assaults Flashcards
What is an assault?
Any Act by which a person INTENTIONALLY or RECKLESSLY causes another to apprehend IMMEDIATE and UNLAWFUL personal violence.
What are the defences to assault?
G: Game or sport O: Operation S: Self Defence C: Consent R: Reasonable force A: Accident M: Moderate correction
How are assault and battery defined in the Sec 39 Criminal Justice Act 1988?
Assault- “did assault”
Battery- “did assault by beating”
What is battery?
- Any Act which intentionally or recklessly inflicts unlawful violence upon another
- contact to smallest degree
- a hostile intention in mind of accused must be proved
What is Section 47 Offences Against a Persons Act 1861?
Actual Bodily Harm
ABH means any hurt which interferes with health or comfort but not to a considerable degree.
What is Section 20 Offences Against the Person Act 1861?
- Unlawfully and maliciously
- wound or inflict Grievous Bodily Harm
- upon any other person
- with or without any weapon or instrument
What is Section 18 Offences Against the Person Act 1861?
- Unlawfully and maliciously
- by any means whatsoever
- wound or cause GBH
- to any other person with INTENT to either
- cause GBH to any person or
- resist or prevent the lawful apprehension or detainer of any person.
What is a wound?
The breaking of the continuity of the whole skin (3 layers)
What is Grievous Bodily Harm?
Really serious harm
Can include:
- broken bones or psychiatric injury
- no need to prove the injury is either permanent or dangerous.
What is Section 89 (2) of the Police Act 1996?
It is an offence for a person to resist or wilfully obstruct a constable in the execution of his/ her duty.
