assault/battery Flashcards
which act relates to assault/battery
s.39 criminal justice act 1988
common assault ptp
intentionally or recklessly
causes another person to apprehend
unlawful
personal violence
battery
unlawfully assaulted another person by beating
battery - case law
fagan v metro police 1969
accidently drove over foot, delayed reaction to move it off
intent form post the initial act = criminal
direct and indirect battery
indirect - as a result of direct battery another person is injured.
transferred malice
when intention to harm one person inadvertently causes a second person to be hurt instead.
defences to assault
PLEASESC p - prevention of crime l- lawful correction e- execution of a duty imposed by law a- arrest s - self defence e- execution of legal sentences s- sport c- consent
punishment of common assault/ battery
prison no longer than 6 months or fine
offences against the person act
s.47 offences against the person act 1861
OAPA
ABH
must show ptp for assault/battery
than an assault or battery occured
that actual bodily harm resulted
what is classed as ABH
broken nose broken teeth severe bruising cutting of someone's hair psychological damage
punishment for ABH
prison up to 5 years
which acts relates to assault occasioning GBH
s.20 OAPA 1861
assault occasioning GBH ptp
maliciously wound inflict GBH with or without weapon or instrument
case law for malice
R V Cunningham 1957
