Assault Flashcards
Assault
Any act to which the D intentionally or recklessly causes the V to apprehend immediate and unlawful violence
Battery
Any act which the D, intentionally or recklessly, inflicts unlawful force upon the v without consent
- any intentional [or reckless] touching of another person w/o consent of that person & w/o lawful excuse
not necessarily be hostile, rude, or aggressive
actual infliction of unlawful force on another person
S47 OAPA- Actual bodily harm
any assault occasioning actual bodily harm
there must be an actual common assault, (an assault or a battery) as the base offence
there must be causation (‘occasioning’) there must be actual bodily harm
Grievous Bodily Harm (GBH) S20 Offences Against the Person Act
unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument
Grievous Bodily Harm (GBH) S20 Offences Against the Person Act -
Whosoever 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
Grievous Bodily Harm with Intent GBH) S18 Offences Against the Person Act
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 [and in doing so cause GBH], shall be guilty.
Murder
unlawful killing of a human being under the queen’s peace with malice aforethought
Manslaughter
unlawful
it must be a dangerous act
the act must be a substantial cause of death
the act must be intentional