Assaults Flashcards
List the Assaults scale
Common Assault Section 39 CJA 1988
ABH Section 47 OAP Act 1861
GBH Section 20 OAP Act 1861
GBH Section 18 OAP Act 1861
Homicide, Murder, Manslaughter
What are the x2 offences under Section 39 Criminal Justice Act 1988?
Common Assault + Battery
Give example of Section 39 CJA 1988 injuries
scratches
black eyes
grazes
minor bruising
How are assault + battery tried?
Summary only
Max 6 months + fine
Define Assault
Any act which a person intentionally or recklessly
Causes another 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 is the difference between assault and battery?
Assault - someone makes another think they are going to be violently harmed immediately
Battery - The actual physical contact or harm being done
What are the defences of battery?
Consent
Self defence
What two parts will a court apply to “self-defence”?
1 - The individual believes he/she was acting in self defence
2 - Individual believes force used was reasonable in these circumstances
Define Section 47 OAP Act 1861
A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm
What does S47 OAP Act 1861 relate to?
Actual Bodily Harm ABH
How is ABH tried?
Either Way
6 months and/or fine
5 years/7 if racially aggravated
What is the main factor that distinguishes Actual Bodily Harm from Battery?
Degree of injury
What does Actual Bodily Harm mean?
Hurt or injury calculated to interfere with a person’s health or comfort including physical harm or shock and mental injury
Define Section 20 OAP Act 1861
Whosoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon another person
Either with or without any weapon or instrument shall be guilty of an offence
Explain Maliciously in relation to Grevious Bodily Harm
Intentional + Reckless
Realises there is risk of harm to victim
Only need to prove suspect foresaw risk of SOME harm
Not necessary to prove suspect foresaw full EXTENT of harm
How is GBH tried?
Either Way
6 months +/or fine
5 years +/or fine
Explain Section 18 OAP Act 1861
Crime of specific intent
Unlawfully or maliciously wound or cause GBH
With INTENT to do some GBH
Or with intent to resist or prevent lawful apprehension or detainer of any person
Explain resist lawful apprehension
2 Elements needed
1 - Arrest is lawful
2 - Person knows arrest is being made
i.e man pushing security guard trying to detain shoplifter
How is Section 18 OAP Act 1861 tried?
Indictable only
