Assault, criminal attempts etc Flashcards
Assault definition
Is where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
Lawful defences for assault
Consent and legal justification
Common assault and battery
Section 39 criminal justice act 1988
This offence involves an unlawful assault or battery which causes little or no injury. The assault or battery must be either intentional or reckless.
Assault occasioning ABH definition
Section 47 of the offences against the persons act 1861
Actual bodily harm means any hurt or injury which interferes with the health or comfort of the victim.
Eg. Black eye
Assault on police. Section 89(1) police act 1996.
Assaulting a police officer or anyone assisting a police officer in the execution of their duty.
A police officer must be acting in the lawful execution of his/her duty for it to be…
Assault against police
What’s a relevant place ?
Any public place other than licensed premises. Any place other than public to which that person has unlawfully gained access.
Battery definition
Battery is where a person intentionally or recklessly applies unlawful force to another person.
Sec 20 - GBH wounding
Whoever shall unlawfully and maliciously wound or inflict GBH upon any person either with or without any weapon/instrument
GBH must cause serious harm / doesn’t have to be permanent (5)
Permanent disability Permanent loss of sensory functions Broken or displaced limbs or bones Substantial blood loss Injuries resulting in lengthy treatment
A wound for GBH must..
Break the entire skin
Section 18 GBH with intent
Whoever shall unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person
For sec 18 GBH with intent / 2 things
Intent to cause GBH to any person
Intent to resist or prevent the lawful apprehension or detainer of any person