Assault Flashcards
How many sections of assault are there?
Common Assault Actual Bodily Harm (ABH) Grievous Bodily Harm (GBH) GBH with Intent Manslaughter Murder
What section and act does common assault come under?
Section 39 Criminal Justice Act 1988
What are the two types of common assault? State and define them.
Common Assault - Any act which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
Battery - A person is guilty of battery if they intentionally or recklessly apply force on another person.
What does intentionally mean?
Any act which is deliberate or purposeful.
What does recklessly mean?
A person knowing that their is a risk but nonetheless going ahead and taking the risk anyway.
What are the defences for common assault. Name and describe them.
Consent - things like getting a tattoo, surgery or even participating in sports were injuries could be attained etc
Self Defence - this would be to defend oneself, or his close relatives or personal property but does not count if running after the assailant.
Two part test in court:
1) Defendant believed they were acting in self defence.
2) Defendant believes force used was reasonable to defend themselves.
Execution of Lawful Right or duty - Police officer using reasonable force (section 117 pace)
What is the definition, section and act of ABH?
A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another person occasioning him Actual Bodily Harm.
Section 47 Offences Against The Person Act 1861
What are some examples of ABH?
Loss or broken tooth Temporary Loss of sensory functions Multiple cuts or bruises Minor fractures Do not need to be visible I.e. broken nose internal bleeding etc
Does ABH include emotions such as fear, distress and panic?
No
What is GBH w/o intent?
State the section and act as well.
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm on another person either with or without any weapon or instrument shall be guilty of an offence.
Section 20 Offences Against The Person Act 1861
What is GBH with Intent?
State the section and act as well.
Whosever shall 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 the lawful apprehension or detainer of any person shall be guilty of an offence.
Section 18 Offences Against The Person Act 1861
Give some examples of GBH
Permanent disability Permanent loss of sensory functions Broken bones Fractured skull Major blood loss Long term treatment injury
What does unlawfully mean?
Acting without lawful authority
What does maliciously mean
This includes both intentionally and recklessly. So knowing there is a risk of someone being harmed but doing it anyway.
What is the legislation, section and act for assaulting police?
It is an offence for a person to:
Assault or resist any police officer or any person assisting the police officer in the lawful execution of his duty.
Section 89(1) Police Act 1996
