Assaults

Question 1

What is assault?

Answer 1

Does not involve physical contact, an act indicating intention to use unlawful violence against another. Victim had a honest belief they would have been hit.

Question 2

What is ABH?

Answer 2

• This offence is committed when a person assaults another, thereby causing actual bodily harm to that other person
• ABH means ‘any hurt which interferes with the health or comfort but not to a considerable degree’
  Such hurt needs not to be permeant

Question 3

Signs of Common Assault and Battery?

Answer 3

• Grazes
• Scratches
• Abrasions
• (Minor) swellings
• Reddening of the skin
• Superficial cuts
• A black eye

Question 4

Signs of ABH?

Answer 4

• Loss or breaking of tooth
• Extensive or multiple bruising
• Displaced broken nose
• Minor fracture

Question 5

Defences to Assault - GOSCRAM?

Answer 5

G - Game or Sport
O - Operation
S - Self defence
C - Consent
R - Reasonable force
A - Accident
M - Moderate correction

Question 6

Manslaughter can be conducted in what 3 ways?

Answer 6

Manslaughter:

1) Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished responsibility or killing pursuant to a suicide pact.
2) Conduct that was grossly negligent (employer providing insufficient PPE to an employer to do a job, i.e. fixing telephone wire) giving the risk of death, and did kill.
3) Conduct taking the form of an unlawful act involving a danger of some harm that resulted in death

Question 7

What is attempted murder?

Answer 7

In contrast to the offence of murder, attempted murder requires the existence of an intention to kill.