Assaults Flashcards
what are the 5 building blocks in order of importance
1) Preserve life
2) Preserve scene
3) Preserve evidence
4) Indentify victim
5) Identify offender
2 types of common assault
Assault verbal and assault battery
4 defences to assault
- Consent
- Lawful sports
- Self defence
- Prevention of crime
How could a assault be consented (3 examples)
- Medical treatment
- Tatoos
- Piercings
What does not constitute consent to an assault?
- Submitting to an assault
what section of what act states can be used as a defence for an assault for the prevention of crime
S 3(1) criminal law act
What does S 3(1) criminal law act state
- You can use such force as is reasonable in the prevention of crime
What type of offence is a common assault
Summary
What section and act is common assault under and the year of the act
Section 39 criminal justice act 1988
give examples of common assault
Grazes, sractches, minor bruising, black eye
What can increase the sentence of a common assault
If it is racially or religiously aggrovated
What section and act is ABH under
Section 47 offences against the person act 1861
Define ABH
Any ‘hurt and damage’ to the body which ‘interferes with the health or comfort’ of a person
Gives 4 examples of ABH
- Minor fracture
- Broken nose
- Psychiatric injury
- Bruising
what can increase the sentence of ABH
If it is racially or religiously aggrovated
What type of offence is ABH
Either way offence
What is the max sentence for ABH
5 years