assault

Question 1

what is the definition of assault?

Answer 1

an act where a person intentionally or recklessly causes another person to apprehend immediate unlawful personal violence

Question 2

what is the definition of battery?

Answer 2

when a person intentionally or recklessly inflicts unlawful force on another.
(can be direct or indirect)

Question 3

what section covers common assault and battery?

Answer 3

section 39 criminal justice act 1988

Question 4

what sentence is served for a common assault and battery?

Answer 4

summary only- 6 months

Question 5

common assault and battery definition

Answer 5

is an assault or battery in which no injury is caused

Question 6

actual bodily harm definition

Answer 6

if there is injury, however slight, or mental injury, there is actual bodily harm

Question 7

which act covers racially or religiously aggravated crime?

Answer 7

section 28 crime and disorder act 1988

Question 8

racial/ religiously motivated crime definition

Answer 8

one motivated (wholly or partly) by racial or religious hostility towards members of a racial or religious group based on their membership of that group

Question 9

which act covers racial/ religiously aggravated common assault and battery

Answer 9

section 29 crime and disorder act 1988

Question 10

what type of sentences can be served for a religious/ racially motivated common assault and battery?

Answer 10

2 years indictment or 6 months summarily

Question 11

which act covers assault covering ABH?

Answer 11

1861 section 47 offences against the persons act

Question 12

what type of sentences can be served for assault causing ABH?

Answer 12

5 years indictment or 6 months summary

Question 13

assault causing ABH definition

Answer 13

whosoever shall be convicted or any assault occasioning ABH shall be liable on imprisonment

Question 14

what is the sentences for ABH?

Answer 14

7 years on indictment or 6 months summarily

Question 15

what section covers GBH?

Answer 15

section 20 offences against the persons act 1861

Question 16

what sentences can be served for GBH?

Answer 16

6 months summarily or 5 years indictment

Question 17

what is the definition for GBH?

Answer 17

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

Question 18

GBH with intent definition

Answer 18

whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grevious bodily harm to any person with intent to do some grevious bodily harm to a person or with intent to resist or prevent the lawful apprehension or detention of any person shall be guilty of an offence

Question 19

what is the sentence for GBH if it is racially or religiously motivated?

Answer 19

7 years indictment or 6 months summarily

Question 20

what are the three indicators of specific intent?

Answer 20

-a repeated or planned attack
-prior attacks
-using an offensive weapon

Question 21

what five defences are there?

Answer 21

• consent
  -lawful chastisement of a child
• execution of a legal right or duty
  -self defence
  -legal justification for use of force to prevent crime

Question 22

which act covers legal justification for use of force to prevent crime?

Answer 22

criminal law act 1967

Question 23

what are the three forms of consent?

Answer 23

• implied
• invalid
• not required

Question 24

who does lawful correction of a child excuse?

Answer 24

parents and adults acting in loco parentis

Question 25

definition of use of force in execution of a legal right or duty

Answer 25

in law, any person, including members of the public may use force as is reasonable for the purpose of preventing a crime.

Question 26

when is the use of force acceptable?

Answer 26

• preventing crime
• defending yourself or another
• protecting property

Question 27

what act covers assault of a police officer?

Answer 27

section 89 police assault act 1996

Question 28

assault police definition

Answer 28

a person who assaults a constable in the execution of his duty shall be guilty of an offence

Question 29

definition of obstructing police

Answer 29

a person who resists or wilfully obstructs a constable in the execution of his duty or a person assisting a constable in the execution of his duty shall be guilty of an offence

Question 30

what sentence can be given for assault on an emergency worker?

Answer 30

12 months (summary) or 2 years (indictment)

Question 31

assault on an emergency worker definition

Answer 31

a person who commits a common assault or battery against an emergency worker acting in the excercise of functions of such a worker

Question 32

what act covers willful obstruction of a designated person?

Answer 32

section 46 police reform act 2002

Question 33

assault of a designated person definition

Answer 33

a person who assaults, resists or willfully obstructs a designated or accredited person in the execution of his duty or a person assisting them shall be guilty of an offence

Question 34

what act covers obstructing or hindering emergency workers?

Answer 34

section 1 emergency workers act 2006

Question 35

obstructing or hindering emergency workers definition

Answer 35

a person who without reasonable excuse obstructs or hinders another whilst that other is in a capacity mentioned in sub section 2, responding to an emergency shall be guilty of an offence