Assault Flashcards
Definition of assault
ANY ACT which a person INTENTIONALLY or RECKLESSLY causes another person to APREHEND immediate and UNLAWFUL PERSONAL VIOLENCE.
Definition of battery
A person is guilty of battery if they INTENTIONALLY or RECKLESSLY apply UNLAWFUL FORCE on ANOTHER person.
Criminal Law Act, Section 3 - force to prevent
Use as much force as REASONABLY necessary under the CIRCUMSTANCE to PREVENT CRIME (any person power)
Actual Bodily Harm (ABH)
Offences Against the Person Act 1861, Section 47
A person is guilty of an offence if he INTENTIONALLY or RECKLESSLY uses UNLAWFUL FORCE on another, thereby occasioning him ACTUAL BODILY HARM.
triable either way
summary - up to 6 months in prison and or a fine
indictable - up to 5 years, 7 if racially aggravated
Grievous Bodily Harm (GBH)
Offences Against the Person Act 1861, Section 20
Whoever shall UNLAWFULLY and MALICIOUSLY WOUND or INFLICT any GRIEVOUS BODILY HARM upon any other person either with or without any weapon or instrument shall be guilty of an offence.
Triable either way:
summary - 6 months in prison and or fine
indictment - 5 years and or a fine
with intent
Grievous Bodily Harm (GBH)
Offences Against the Person Act 1861, Section 18
Whosoever shall UNLAWFULLY and MALICIOUSLY by any means whatsoever WOUND or CAUSE any grievous bodily harm to any person with INTENT to do some grievous bodily harm to any person or with intent to resist or prevent the LAWFUL APPREHENSION or detainer of any person shall be guilty of an offence.
indictment only - life imprisonment (max)
spiking someone
Offences Against the Persons Act 1861,
Section 24 - spiking
It is an offence to administer poison or other noxious substance with the intent to injure, aggrieve or annoy a person.
Assault police –
Section 89(1) Police Act 1996
It is an offence for any person to: ASSAULT or RESIST a police officer or ANY PERSON ASSISTING the officer in the LAWFUL EXECUTION OF HIS DUTY
summary - 6 months max and or fine
Obstruct police –
Section 89(2) Police Act 1996
It is an offence for any person to: WILLFULLY OBSTRUCT a police officer or any person assisting the officer in the LAWFUL EXECUTION OF HIS DUTY.
summary - 1 month max or fine on conviction
Assault with intent to resist arrest –
Section 30 Offences Against the Persons Act 1861
It is an offence to ASSAULT ANY PERSON with the intent to RESIST or PREVENT the LAWFUL APPREHENSION or DETAINER of himself or of ANY OTHER PERSON.
summary - 2 years max and or fine on conviction
Assaults on Emergency Worker (offences) Act 2018
Assaults on Emergency Worker (offences) Act:
This act provides that when the offence of COMMON ASSAULT OR BATTERY is committed against an EMERGENCY WORKER, acting in the exercise of his functions as such a worker, the offence shall be triable either way and as such, carry a higher penalty.
what are the scales of assaults ?
murder
G.B.H section 18 OAP act 1961
G.B.H section 20 OAP act 1961
A.B.H section 47 OAP act 1961
common assault section 39 CJA 1988
what two offences under s39 are there?
common assault & Battery
defences of assult?
consent - tattoo, piercing, medical op
implied consent - walking in crowded streets being bumped into
self- defence - defend themselves or close relative
