Assault Flashcards
Definition of Assault
a) Any act which a person Intentionally or Recklessly causes another person to apprehend immediate and Unlawful Personal Violence
When considering the definition what could ‘Any Act’ be
A) The ‘act’ could be words in a letter or a telephone call including threatening silences
Considering the definition again, describe the meaning of intentionally
A) Means deliberate or purposeful act. The suspect acts in a way that leaves the victim in no doubt that he/she will be subject to personal violence
considering the definition, describe the meaning of recklessly
A) Being aware of the existence of risk but nonetheless goes ahead and takes it
List the scale of assaults from lowest to highest
A) Common Assault(Sec 39) ABH(Sec47) GBH(Sec20) GBH(Sec18) Homicide
There are two offences under Section 39 of the Criminal Justice Act. Name them both.
A) Common Assault and Assault by beating
Definition of Battery
A) A Person is guilty of battery if they intentionally or recklessly apply unlawful force on another person
Considering the definition of Battery, Describe how unlawful force may be applied
A) Directly or indirectly
List examples of injuries associated with battery/Sec 39 assault
- Minor Bruising
- Swelling
- Grazes, Scratches
- Abrasions and Swellings
- Reddening of Skin, Superficial Scars
Can anybody use reasonable force should the need arise
Yes
What Act of Law covers ‘Reasonable Force’ by any person
A) Section 3 Criminal Law Act 1963
What Act of Law gives Police officers the power to use reasonable force should the need arise
Section 117 PACE
Definition of ABH Section 47
A) A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm
List some injuries associated with ABH
- Loss or breaking a tooth
- Temporary loss of sensory functions
- Extensive of multiple bruising
- Minor fractures and cuts requiring stitches
definition of GBH Section 20
A) Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without any weapon or instrument shall be guilty of an offence
List some injuries associated with victim of GBH
- Permanent disability or loss if sensory functions
- Visible disfigurement
- Broken limns
- Substantial blood loss – requiring a blood transfusion
- Injury resulting in lengthy treatment or incapacity
- Psychiatric Injury
- Fractured skull
- Broken cheek bone, Jaw or ribs
Definition of GBH Sec 18
A) Whosoever 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 or with intent to resist or prevent the lawful apprehension or detaining of any person shall be guilty of an offence
What is the main difference between sec 18 and 20 GBH
A) With Section 18 there must be proof that the defendant had full intention to cause serious bodily harm whereas with Section 20 the defendant only had to foresee the risk of injury
GBH(Sec 20) triable either way or an indictable only offence
A) It’s an either way offence
Is GBH(Sec 18) triable either way or an indictable only offence
A) Indictable only
25) What act of law does assault Police fall under
A) Section 89(1) Police act 1996
definition of Obstruct Police
A) It is an offence for any person to wilfully obstruct a police officer or any person assisting the officer in the lawful execution of his duty
29) With regard Obstructing, can this only be done in bodily form such as standing in the officers way
A) No – It can also be caused by omitting to do something e.g Providing misleading information
