Assault Flashcards
What is the definition of Assault?
An assault is any act, which intentionally or recklessly, causes another person to apprehend immediate and unlawful person violence. Strictly speaking an assault does not involve contact.
There are 4 sections of assault that increase with seriousness and decrease with prevalence.
What is the definition of Section 39 of the Criminal Justice Act 1988, Common Assault and Battery?
Common assault and battery come under Section 39 of the Criminal Justice Act 1988.
It is a summary only offence.
The definitions are:
Common Assault
Common Assault is the fear of force or violence with intent or recklessness.
Common Assault is an assault or battery in which no injury or minor injury is caused.
Battery
Battery is an infliction of force or violence with intent or recklessness.
A battery is an intentional or reckless act whereby unlawful force is inflicted. When people talk about an assault, they usually mean a battery. This is charged as an assault by beating. A battery involves contact.
What is the definition of Section 47 of the Offences Against the Person Act 1861, Actual Bodily Harm?
Actual Bodily Harm with Intent or Recklessness comes under Section 47 of the Offences Against the Person Act 1861.
It is a triable either way offence.
The definition is:
It is an offence to assault any person thereby causing them actual bodily harm.
What is the definition of Section 20 of the Offences Against the Person Act 1861, Grievous Bodily Harm or Wounding?
Grievous Bodily Harm or Wounding comes under Section 20 of the Offences Against the Person Act 1861.
It is a triable either way offence.
The definition is:
Whoever shall unlawfully and maliciously wound or inflict grievously bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence.
You cannot attempt a Section 20 as you need intention to commit an attempt, which would make it a Section 18.
What is the definition of Section 18 of the Offences Against the Person Act 1861, Grievous Bodily Harm or Wounding with Intent?
Grievous Bodily Harm or Wounding with Intent comes under Section 18 of the Offences Against the Person Act 1861.
It is a triable either way offence.
The definition is:
Whosoever shall unlawfully and maliciously by any means whatsoever would or cause GBH to any person with intent to do GBH to any person (or with intent to resist or prevent the lawful apprehension of any person) shall be guilty of an offence.
