Assaults Flashcards
What is the difference between “common assault” and “common assault by beating”
Common assault is not a physical attack but is any act that makes a victim understand they are going to be subjected to violence.
Common assault by beating involves the actual use of force on a victim.
Common assault definition?
Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
Common assault by beating definition?
Any act by which a person intentionally or recklessly applies unlawful force on another
If somebody says “I’m going to smash your head in!”but does not use force, Is this an assault? And if so what type of assault would it be?
YES
Common assault. They have caused a victim to apprehend immediate and unlawful violence.
If somebody uses force on a victim but it results in very minor or no perceivable injury, what type of assault would this be?
Common assault by beating
What does to apprehend mean?
To apprehend is to fear a certain act or consequence.
A group of people are throwing stones in a busy street when a stone hits a passerby, are they guilty of assaulting them despite the fact that they did not intend to hit anyone.
YES they would still be guilty as their actions were reckless and the actions caused somebody to be hurt.
How are common assault offences triable?
Summary only
Can a person be charged or reported for both common assault and common assault by beating for the same incident?
NO
A suspect can only be charged or reported for the offence of common assault or common assault by beating, not both.
Two men have been arguing in the street and one man has pushed and shoved the other but very little force was used and the victim is not injured, what assault offence has been committed?
Common assault by beating.
Only the very slightest degree of force is required to constitute a battery and little to no visible injury is necessary to prove the offence.
During a dispute between two women in a car park no force was used but one of them was in fear of unlawful violence being used against her when the other woman said to her “I’m going to take your fucking head off!” What assault offence has been committed?
Common assault.
If a person is threatened with immediate violence, they are the victim of common assault.
(Remember that assault is the threat of harm and battery is the the application of force)
GBH injuries have to be caused with a weapon. True or false?
False.
How is GBH section 20 (without intent) triable?
Either way.
Jonathon has HIV and has sexual intercourse with a person he meets. He does not disclose that he has a STD to them and the victim contracts the disease. Has GBH been committed?
YES
This would fall under GBH. Section 18 or 20 should be considered based on whether jonathon intended to transmit the disease or whether he was reckless in his actions.
Intent to cause ABH is not required and can be a consequence directly or indirectly of somebodies actions. True or false?
TRUE. Intent is not required for ABH.
