Assault Flashcards
What is common assault (battery?)
Any act in which a person
intentionally
OR recklessly
applies unlawful force
on another
What is common assault (threat)?
Any act
Which intentionally
OR recklessly
causes another person to apprehend
immediate
and unlawful
personal violence
What are the 3 points to prove for common assault?
- Date and Location
- Unlawfully Assaulted
- Another person
What is assault by beating (battery) in layman’s terms?
Battery is any intentional or reckless application of unlawful force to a person.
What are the 4 points to prove for battery?
- Date and Location
- Unlawfully assaulted
- Another person
- By application of unlawful force
What type of offence is common assault?
Summary
What act does common assault/battery fall under?
Criminal Justice Act 1988. Section 39.
Actual Bodily Harm in laymans terms?
Any hurt or injury calculated to interfere with the health or comfort of the victim.
Injury must be real and should be capable of being seen or felt
What is actual bodily harm?
Application of force to another, victim receives more than transient and trifling injury.
Referring to some sort of physical attack.
Can also include psychiatric injury if supported by medical evidence.
What type of offence is actual bodily harm?
Either way
Points to prove for Actual Bodily Harm?
- Date and Location
- Unlawfully assaulted another person
- Thereby occasioning
- Actual bodily harm
Could a telephone call ever be classed as GBH?
Yes, if it left the victim with serious psychiatric injury
What is wounding/inflicting Greivous Bodily Harm? (GBH)
Victim receives life changing injuries (e.g. breaking all layers of skin, broken bones, heavy bleeding or significant psychological injury.)
What type of offence is GBH?
Either way
Points to Prove for GBH?
- Date/location
- Unlawfully and maliciously
- Wounded or inflicted grievous bodily harm
- Upon another person
What is wounding/causing greivous bodily harm WITH intent?
Victim receives life changing injuries but the suspect is found to have caused those injuries with intent to cause that level of injury.
What type of offence is GBH with intent?
Indictable
Points to prove for GBH with intent?
- Date and location
- Unlawfully and maliciously
- Wounded or inflicted grievous bodily harm
- A Person
- With Intent
- To do grievous bodily harm or resist the lawful apprehension/detention of self/another person
Defences to assault are?
- Consent
- Lawful correction/reasonable chastisement of a child
- Prevention and detection of crime
- Self Defence
Risk factors for attending assault calls?
- Offender history
- Substance or alcohol abuse
- Previously expressing intent to harm
- Location
- Threat to others
Risk reassessment at scene of assault?
- Weapons?
- Need for first aid?
- Others present?
- Children present?
- Risk of further violence?
How is assaulting, resisting or wilfully obstructing a police officer defined?
For any person
to assault,
resist
or willfully obstruct (e.g. throw an obstacle infront of)
or any person assisting (means anyone)
in the lawful execution of their duty
How is assault to resist arrest defined?
It is an offence to…
assault any person
with intent to resist or prevent the lawful apprehension or detainer (can mean anyone inc store detective)
of themselves or any other person for any offence
What does the assault on emergency workers (offences) act 2018 outline?
Common assault or battery of an emergency workier acting in the exercise of functions as such a worker (don’t have to be at work, but have to be doing duties)
Either way offence
Other more serious offences (ABH, GBH, Sexual assault) with aggrivating factor of victim being an emergency worker can merit increased sentence.
What act does common assault fall under?
S 39 of the Criminal Justice Act 1988
What act does actual bodily harm fall under?
S 47 of the Offences Against The Person Act 1861
What act does GBH fall under?
S 20 of the Offences Against The Person Act 1861
What act does GBH with Intent fall under?
S 18 of the Offences Against The Person Act 1861
What are the assaults on emergency workers act offence sections?
s1 of the Assaults of Emergency Workers (Offences) Act 2018 - assault/common beating
s2 of the Assaults of Emergency Workers (Offences) Act 2018 - threats to kill/wounding with intent to cause GBH/ABH/sexual assault
What act does assaulting/resisting/wilfully obstructing a police officer fall under?
S 89 of the Police Act 1996
What act does assault to resist arrest fall under?
S 38 of the Offences Against The Person Act
What act does threat to kill fall under?
S 16 of the Offences Against The Person Act
What act does the use of violence to enter premises fall under?
S 6 of the Criminal Law Act 1977
What sort of threats would not be classed as common assault (threat)?
A non-conditional threat or anything with no immediate threat of violence
E.g. “If that person wasn’t standing there, I’d hit you” or “I’ll hit you next Monday”
Does intent to cause ABH need to be proved for the offence of ABH?
No, only need to prove the assault was intended or it was carried out recklessly
Same applies for battery.
What does maliciously mean in terms of GBH?
There is an actual intention to do that particular kind of hard OR a recklessness
Briefly explain the offence of a threat to kill
Can be a simple threat that A will kill B
but threat can also be done to person B about person C (so threatening to kill someone else)
Does not need to be a sense the killing will be carries out immediately
No need to prove the intent to kill, only prove that intent was for B to fear it will be carried out
Briefly explain the offence of using violence to enter premises
An offence for any person without lawful authority who uses violence or threatens violence for the purpose of securing entry for themelves or another into any premises
providing there is someone present who is opposed to both the entry and the violence.
Would not apply to a home owner, tenant or legal occupier who finds people in their property but does not apply if used towards trespassers? Bit odd!
