Assault Flashcards
Defences to assault
GOSCRAM
Game or sport
Operation
Self defence
Consent
Reasonable force
Accident
Moderate correction
Assault definition
Any act which a person
Intentionally or recklessly
Causes another to apprehend
Immediate and unlawful
Personal violence
Battery definition
Any act which
Intentionally or recklessly
Inflicts unlawful violence upon another
Contact to a small degree
A hostile intention in mind of the accused must be proved
Common assault
Section 39 criminal justice act
Creates separate offences of assault / battery
Actual bodily harm
Section 47 OAP act
A person assaults another
Thereby causing ABH to that other person.
ABH means any hurt which interferes with health or comfort but not to a considerable degree.
Section 20
OAP act
GBH
Unlawfully and maliciously
Wound or inflict grievous bodily harm
Upon any other person
With or without any weapon or instrument
Section 18
OAP act
GBH with Intent
Unlawfully and maliciously
By any means whatsoever
Wound or cause GBH
To any person with intent to either
Cause GBH to any person or
Resist or prevent the lawful apprehension or detainer of any person
Section 89 Police Act
Offence to:
Resist or wilfully obstruct a constable in the execution of their duty.
Assault a constable in execution of their duty or a person assisting a constable.