Assault Flashcards
What is Section 39 Criminal Justice Act 1988?
Assault,
• Common Assault
• Assault by beating (Battery)
What offence would it be if a person strangled another without causing death?
Non-Fatal Strangulation Sect 70 2021
What section is G.B.H with intent?
Section 18 Offence Against the Person (OAP) Act 1861
What section is Simple G.B.H?
Section 20 Offence Against the Person (OAP) Act 1861
What section is A.B.H?
Section 47 Offence Against the Person Act 1861
Define Assault
• Any act which a person intentionally or recklessly
• Causes another person to apprehend
• Immediate and unlawful violence
” if you don’t give that back I’ll smash your face in!”
Is this Assault?
No,
It’s conditional and needs to happen IMMEDIATELY
Define ‘Battery’
If they intentionally or recklessly apply UNLAWFUL FORCE on another person
What are the 4 defences (cases) to Assault?
• Self-defense
• Consent
• LAWFUL right on duty
• Reasonable Chastisement (Child Discipline)
What does ABH section 47 OAP Act 1861 include?
(what kind)
Minor injuries such as;
• Cuts and
• Abrasions
Key points of GBH section 20 OAP 1861?
• Unlawfully &
• Malicioulsy wound or
• Inflict any GBH upon another person
• Either with or without any weapon or instrument
Key points of GBH Section 18 OAP 1861?
• it’s the INTENT to Inflict GBH,
• or the intent to resist or prevent lawful apprehension
What is Sect 24 OAP 1861?
Administering a noxious or poisonous substance,
• With the intent to injure
What is Sect 89(1) Police Act 1996
Assault or resist of a Police Officer or any person assisting the other, in the lawful execution of his duty
What is section 89(2) Police Act 1996
Obstructing a police officer
• 1 month or fine