Assault

Question 1

What is assault

Answer 1

Act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence

Question 2

GBH/ wounding

Answer 2

Grievous bodily harm - Any permanent or serious disfiguring of a person. Such as fractured jaw, ribs broken spine, collar bone
Wounding - Breaking the continuity of the skin through the epidermis and into the dermis. Must bleed/ pour out blood

Question 3

ABH

Answer 3

Actual bodily harm - Any hurt or injury calculated to interfere with the health and comfort of the victim. Injury is not permanent but must be more than merely transient or trifling (scratches or minor bruising)

Question 4

Common Assault

Answer 4

Less than ABH and can include only words if the words put the victim in fear of actual physical violence and the apprehension was immediate physical violence. Unwanted touching, pushing, spitting, thrown objects

Question 5

What section is wounding or GBH with intent

Answer 5

Crime Act 1990 section 33
accused, assaulted, intentionally, without awful excuses, a person, causing wound or GBH
Example deliberate stabbing

Question 6

What section is reckless GBH or wounding

Answer 6

Crime act 1990 section 35
Intent does not apply
Came about a reckless action and where the accused could reasonably foresee the possibility of their action causing ABH. Example person throwing hard heavy object into a crowd

Question 7

What section is for Assault occasioning ABH

Answer 7

Crime Act 1990 section 59.
Example punching someone in the face resulting in bruising

Question 8

What section is for common assault

Answer 8

Crime Act 1990 Section 61
Common assault is the only assault offence where consent may be given. Consent is an essential element. Examples include a slap on the face

Question 9

Recklessly meaning

Answer 9

Relates to risk. If a reasonable person foresees that a particular result may come about because of a specific action and the person goes ahead despite the potential consequences

Question 10

Legal defences to assault

Answer 10

• Self defence
• Accidental use of physical force
• When consented (sports boxing)
• Medical procedures
• Defence of lawful correction (parents smacking their child)
• Taking blood samples
• Defence of home or property (restraining)

Question 11

Other assaults

Answer 11

Choking, suffocation and strangulation Crimes Act section 37

Assault and other actions against police Crime Act section 60

Question 12

Violent disorder

Answer 12

Summary offence. 3 or more people are together using or threatening unlawful violence. Their conduct would have caused a person of reasonable firmness present at the scene to fear for his/hers safety. Towards person or property

Question 13

Affray

Answer 13

Accused used or threatened to use unlawful violence towards another person. 1 person or more. Must be more than just words. must be towards another person

Question 14

Riot

Answer 14

12 persons or more. defendant must use violence, common purpose towards property or person