Assaults Flashcards
Explain what is a Common Assault
The most minor form of assault.
What is ABH?
Where actual harm is caused, normally refers to physical injury.
When is Assault Police applicable?
When we are acting in the execution of our duty.
What is a more serious assault?
S20 GBH
S18 GBH with Intent
What is Homicide?
Murder and Manslaughter
What does S39 Criminal Justice Act 1988 cover?
Two offences:
Common assault
Battery (Assault by Beating)
Give examples of the injuries found under S39 Criminal Justice Act 1988
Grazes
Scratches
Minor Bruising
Swelling
Redness
Define Assaut
Any act which a person
intentionally or recklessly
causes another person
to apprehend
immediate and unlawful personal violence
Define Battery
A person is guilty of battery
if they
intentionally or recklessly
apply unlawful force
on another person
What defences would someone have to an assault?
Consent - Being Tattooed, piercings, surgery
Lawful Sports - Rugby, Boxing
Implied Consent - Bumping into crowds in festivals
Self Defence
Define S47 Offence Against Persons Act 1861
ABH
A person is guilty of an offence if
he intentionally or recklessly
uses unlawful force
on another
thereby occasioning him to actual bodily harm.
What does ABH mean?
Any hurt or injury
calculated to interfere with a persons health
or comfort
includes physical harm or shock and mental injury.
Give examples of ABH
Loss of / or broken tooth
Temporary loss of sensory functions
Extensive bruising
Minor fractures and cuts requiring stitches
Define S20 Offence Against Persons Act 1861
Whosoever shall
unlawfully and maliciously
wound or inflict
any grievous bodily harm
upon any other person
either with or without
any weapon or instrument
shall be guilty of the offence.
What is grievous bodily harm?
Really serious harm but may not be permanent.
Give examples of GBH
Loss of sensory functions
Resulting in disability
Visible disfigurement
Broken limbs
Substantial blood loss
Define S18 Offence Against Persons Act 1861
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
to any person
or intent to
resist or prevent
the lawful apprehension
or detainer of
any person
shall be guilty of the offence.
What type of offence is S20 OAPA 1861?
Either Way offence
What type of offence is S18 OAPA?
Indictable Only
What is S24 OAPA 1861?
Maliciously administering poison with the intent to injure, aggrieve or annoy another person.
Define S24 OAPA 1861
It is an offence to
administer poison
or other noxious substances
with intent to
injure, aggrieve or annoy a person.
What is S89(1) Police Act 1996?
Assault Police
Define S89(1) Police Act 1996
It is an offence for any person to
assault or resist a police officer
or
any person assisting the officer
in the lawful execution of his duty.
What is S89(2) of Police Act 1996
Obstruct Police
Define S89(2) Police Act 1996
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.
What is S38 OAPA 1961?
Assault with intent to resist arrest.
Define S38 OAPA 1861
It is an offence to
assault any person
with intent to
resist or prevent
the lawful apprehension or detainer
of himself or of any other person.
