Assaults Flashcards
What is the difference between Assault and Battery?
Assault is any act, not necessarily physical, can be a threat. Can be just the men’s rea of an event.
Battery is a physical act against another person (battered).
What are the factors for an offence to be an assault?
Immediate
Unlawful
Personal Violence
Reckless or Intentional
Causes another to apprehend
What is a conditional threat?
“If you do this, i’ll do that!” A threat that will be applied on certain circumstances.
What is a Battery offence?
An act of unlawful force
Intentionally or Recklessly
Indirect Assault?
A 3rd party assault. E.G pushing someone into another person, calling the 3rd person harm.
When was the Criminal Justice Act established, then updated?
1861 (previously called offences against the person act)
Updated in 1988
What section is the Criminal Justice Act?
Section 39
When was Assaults on Emergency Workers Act established?
2018
ABH (Assault and Battery)
Occasioning actual bodily harm.
(Assault if psychiatric harm))
What section is ABH under?
Section 47
What injuries are most common as ABH?
Damage to the body (bones/teeth)
Extensive or severe bruising
Cuts requiring suturing
Loss of consciousness
Cutting of hair
How long can you get in jail for ABH?
5 Years
7 Years if Aggravated
What offences are the different types of assaults?
Assault and Battery (Summary Offences)
ABH and GBH (Either Way Offences)
Factors of GBH
Unlawfully or Maliciously
Wound or Inflict
Any GBH
With or without weapon
What two sections is GBH under?
Section 20, Offences against the person act 1861. Intending to hurt someone, but not cause serious harm
Section 18, Intending to cause serious, life changing harm
