Assaults

Question 1

List the Assaults scale

Answer 1

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

Question 2

What are the x2 offences under Section 39 Criminal Justice Act 1988?

Answer 2

Common Assault + Battery

Question 3

Give example of Section 39 CJA 1988 injuries

Answer 3

scratches
black eyes
grazes
minor bruising

Question 4

How are assault + battery tried?

Answer 4

Summary only
Max 6 months + fine

Question 5

Define Assault

Answer 5

Any act which a person intentionally or recklessly
Causes another to apprehend
Immediate and unlawful personal violence

Question 6

Define Battery

Answer 6

A person is guilty of battery if they intentionally or recklessly
apply unlawful force on another person

Question 7

What is the difference between assault and battery?

Answer 7

Assault - someone makes another think they are going to be violently harmed immediately
Battery - The actual physical contact or harm being done

Question 8

What are the defences of battery?

Answer 8

Consent
Self defence

Question 9

What two parts will a court apply to “self-defence”?

Answer 9

1 - The individual believes he/she was acting in self defence

2 - Individual believes force used was reasonable in these circumstances

Question 10

Define Section 47 OAP Act 1861

Answer 10

A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm

Question 11

What does S47 OAP Act 1861 relate to?

Answer 11

Actual Bodily Harm ABH

Question 12

How is ABH tried?

Answer 12

Either Way
6 months and/or fine
5 years/7 if racially aggravated

Question 13

What is the main factor that distinguishes Actual Bodily Harm from Battery?

Answer 13

Degree of injury

Question 14

What does Actual Bodily Harm mean?

Answer 14

Hurt or injury calculated to interfere with a person’s health or comfort including physical harm or shock and mental injury

Question 15

Define Section 20 OAP Act 1861

Answer 15

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

Question 16

Explain Maliciously in relation to Grevious Bodily Harm

Answer 16

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

Question 17

How is GBH tried?

Answer 17

Either Way
6 months +/or fine
5 years +/or fine

Question 18

Explain Section 18 OAP Act 1861

Answer 18

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

Question 19

Explain resist lawful apprehension

Answer 19

2 Elements needed

1 - Arrest is lawful
2 - Person knows arrest is being made

i.e man pushing security guard trying to detain shoplifter

Question 20

How is Section 18 OAP Act 1861 tried?

Answer 20

Indictable only