Assault

Question 1

Define assault

Answer 1

Any act, which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

Strictly speaking, an assault does not involve contact. Assault is causing someone to fear immediate and unlawful violence

Question 2

Define battery

Answer 2

The unlawful application of force to the person of another.

In general language, when people talk about an assault, they usually mean a battery. An actual battery does involve contact.

Question 3

Example of battery only (most battery’s include assault)

Answer 3

If a person is clubbed on the head from behind, there is a battery, but if the person was unaware that the blow was coming, there cannot be an assault as there is no apprehension of immediate application of force

Question 4

Define apprehend wrt assault

Answer 4

Apprehend means to fear. Mere words alone may now be sufficient to constitute an assault provided they cause the recipient to fear violence.

Question 5

Defences to assault

Answer 5

Consent
Permission given to assault

Legal justification
E.g self defence

Question 6

What should a householder do when faced with an intruder?

Answer 6

1. Where possible call the police
2. Anyone can use reasonable force to protect themselves or others. As a general rule, the more extreme the circumstances and fear felt, the more force can lawfully be used in self defence.
3. If in fear for self or others the law does not require you to wait to be attacked
4. If you acted in reasonable self defence and the intruder dies you will still have acted lawfully.

Question 7

Types of assault offences

Answer 7

Common assault 
Actual bodily harm
Grievous bodily harm
Grievous bodily harm with intent
Racially aggravated assault

Question 8

What is common assault and the legislation for the offence

Answer 8

Common Assault is an assault or battery in which no Injury is caused.

(Section 39 of the Criminal Justice Act 1988)

Question 9

Define actual bodily harm and the legislation for the offence

Answer 9

Any hurt which interferes with health or comfort, but not to a considerable degree. Bodily harm can include psychiatric illness. There must be a direct connection between the assault and the injury caused.

Whosoever assaults another person thereby occasioning them actual bodily harm, commits an offence.

(Section 47, Offences Against the Person Act 1861)

Question 10

Define grievous bodily harm and the legislation for the offence

Answer 10

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without instrument, shall be guilty of an offence.

(Section 20, Offences Against the Person Act 1861)

Unlawful - without excuse or justification in law, section 117 PACE, Sec 3 CLA

Maliciously means that malice i.e. ill-will or an evil motive, must be present. It must be proved that the suspect had a ‘guilty mind’.

Question 11

Define legislation for GBH with intent

Answer 11

Whosoever shall unlawfully and maliciously, by any means whatsoever; wound or cause grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or wound or cause grievous bodily harm to any person with intent to resist or prevent the lawful apprehension or detention of any person, shall be guilty of an offence.

(Section 18, Offences Against the Person Act 1861)

Question 12

When is an offence racially or religiously aggravated?

Answer 12

At the time of committing the offence or immediately before or after doing so…

• The offender demonstrates towards the victim, hostility based on the victim’s membership (or presumed membership) of a racial or religious group, OR
• The offence is motivated – wholly or partly – by hostility towards members of a racial or religious group based on their membership of that group.

Question 13

Define assault on a Constable

Answer 13

A person is guilty of an offence who…

Assaults a police officer in the execution of their duty or a person assisting a police officer in the execution of their duty.

(Section 89(1), Police Act 1996)

Question 14

Define the offence resisting / obstructing a Constable

Answer 14

A person is guilty of an offence who…

Resists or wilfully obstructs a police officer in the execution of their duty or a person assisting a police officer in the execution of their duty.

(Section 89(2), Police Act 1996)

Question 15

Define the offence assault intent to resist arrest

Answer 15

A person is guilty of an offence who…

Assaulting any person with intent to resist or prevent the lawful apprehension or detention of them self or another person.

(Section 38, Offences Against the Person Act 1861)