Assault Flashcards

1
Q

What is Section 39 Criminal Justice Act 1988?

A

Assault,
• Common Assault
• Assault by beating (Battery)

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2
Q

What offence would it be if a person strangled another without causing death?

A

Non-Fatal Strangulation Sect 70 2021

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3
Q

What section is G.B.H with intent?

A

Section 18 Offence Against the Person (OAP) Act 1861

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4
Q

What section is Simple G.B.H?

A

Section 20 Offence Against the Person (OAP) Act 1861

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5
Q

What section is A.B.H?

A

Section 47 Offence Against the Person Act 1861

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6
Q

Define Assault

A

• Any act which a person intentionally or recklessly
• Causes another person to apprehend
• Immediate and unlawful violence

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7
Q

” if you don’t give that back I’ll smash your face in!”

Is this Assault?

A

No,
It’s conditional and needs to happen IMMEDIATELY

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8
Q

Define ‘Battery’

A

If they intentionally or recklessly apply UNLAWFUL FORCE on another person

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9
Q

What are the 4 defences (cases) to Assault?

A

• Self-defense
• Consent
• LAWFUL right on duty
• Reasonable Chastisement (Child Discipline)

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10
Q

What does ABH section 47 OAP Act 1861 include?
(what kind)

A

Minor injuries such as;
• Cuts and
• Abrasions

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11
Q

Key points of GBH section 20 OAP 1861?

A

• Unlawfully &
• Malicioulsy wound or
• Inflict any GBH upon another person
• Either with or without any weapon or instrument

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12
Q

Key points of GBH Section 18 OAP 1861?

A

• it’s the INTENT to Inflict GBH,
• or the intent to resist or prevent lawful apprehension

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13
Q

What is Sect 24 OAP 1861?

A

Administering a noxious or poisonous substance,
• With the intent to injure

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14
Q

What is Sect 89(1) Police Act 1996

A

Assault or resist of a Police Officer or any person assisting the other, in the lawful execution of his duty

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15
Q

What is section 89(2) Police Act 1996

A

Obstructing a police officer
• 1 month or fine

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16
Q

Section 38 OAP 1861?

A

When a person assaults another person with the intent to resist arrest or prevent lawful apprehension