Assaults

Question 1

An assault is…

Answer 1

…any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

Question 2

A battery is committed when…

Answer 2

…a person intentionally or recklessly (subjectively) inflicts unlawful force on another.

Question 3

Sec 39 Criminal Justice Act 1988

Answer 3

Common assault and battery shall be summary offences.

Question 4

Sec 47 Offences Against The Person Act 1861

Answer 4

Whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable [to imprisonment].

Question 5

Sec 20 Offences Against The Person Act 1861

Answer 5

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without any weapon or instrument shall be guilty of an offence.

Question 6

Sec 18 Offences Against The Person Act 1861

Answer 6

Whosoever shall unlawfully and maliciously,
by any means whatsoever,
wound or cause any grievous bodily harm to any person,
with intent to do some grievous bodily harm to any person,
or with intent to resist or prevent the lawful apprehension or detainer of any person,
shall [be guilty of an offence].

Question 7

What are the defences to assault and battery?

Answer 7

• Consent
• Lawful correction / reasonable chastisement of a child
• In execution of a legal right or duty
• Self-defence
• Legal justification for use of force