Assault Flashcards
what section does ABH come under?
Section 47 Offences against the person Act 1861
what is the definition of ABH?
A person is guilty of an offence who assualts any person, thereby occassioning actual bodily harm.
What is the maximum sentence for ABH?
5 years imprisonment
name the section that common assualt falls under?
section 39- criminal justice act 1988
What does wounding mean?
Breaking the continuity of the skin
Give examples of GBH,ABH AND COMMON ASSAULT?
GBH-fractured skull
ABH-broken jaw
COMMON ASSAULT-black eye
Could the offence of common assault or battery, be proven on the basis of someone intending to cause damage to property by their actions, which unexpectedly results in someone having force used against them?
No
There is no transferred malice in relation to different offences.
The minimum basis would be recklessness as to assaulting someone.
Can the offence of common assault be proved, if there was no physical contact?
Yes
Can the offence of battery be proved, if there was no physical contact?
No
Can the offence of common assault be proved if based on intent to cause fear, but the actions go unnoticed by the potential victims?
No
Even if a police officer observes someone taking a swing at someone, if the target didn’t see, then there is no assault.
May a battery be proven if it cause no injury or harm whatsoever?
Yes
It simply requires the unlawful application of force.
May the offence of ABH ever be proved, if the defendant did not foresee any chance of being harmed?
Yes
R v Savage
The defendant does need to at least be reckless, as to causing apprehension of immediate unlawful violence.
Would it ever be lawful for a parent, as punishment, to cause their child to fear immediate violence?
Yes
There is a defence of reasonable chastisement.
Could the defence of reasonable chastisement apply to situations where minor harm lasting a couple of days is intentionally caused?
No
Anything amounting to actual bodily harm is unlawful.
