Assaults Flashcards

1
Q

what are the 5 building blocks in order of importance

A

1) Preserve life
2) Preserve scene
3) Preserve evidence
4) Indentify victim
5) Identify offender

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2
Q

2 types of common assault

A

Assault verbal and assault battery

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3
Q

4 defences to assault

A
  • Consent
  • Lawful sports
  • Self defence
  • Prevention of crime
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4
Q

How could a assault be consented (3 examples)

A
  • Medical treatment
  • Tatoos
  • Piercings
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5
Q

What does not constitute consent to an assault?

A
  • Submitting to an assault
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6
Q

what section of what act states can be used as a defence for an assault for the prevention of crime

A

S 3(1) criminal law act

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7
Q

What does S 3(1) criminal law act state

A
  • You can use such force as is reasonable in the prevention of crime
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8
Q

What type of offence is a common assault

A

Summary

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9
Q

What section and act is common assault under and the year of the act

A

Section 39 criminal justice act 1988

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10
Q

give examples of common assault

A

Grazes, sractches, minor bruising, black eye

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11
Q

What can increase the sentence of a common assault

A

If it is racially or religiously aggrovated

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12
Q

What section and act is ABH under

A

Section 47 offences against the person act 1861

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13
Q

Define ABH

A

Any ‘hurt and damage’ to the body which ‘interferes with the health or comfort’ of a person

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14
Q

Gives 4 examples of ABH

A
  • Minor fracture
  • Broken nose
  • Psychiatric injury
  • Bruising
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15
Q

what can increase the sentence of ABH

A

If it is racially or religiously aggrovated

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16
Q

What type of offence is ABH

A

Either way offence

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17
Q

What is the max sentence for ABH

A

5 years

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18
Q

When would a common assault injury turn into an ABH charge (7 EXAMPLES)

A
  • Use of weapon
  • Biting
  • Vulnerable victim
  • part of gang
  • Pre-meditated
  • Victim public servant
  • strangulation used
19
Q

What section and act is GBH under

A

Section 20 offences against the person act 1861

20
Q

What type of offence is GBH

A

either way

21
Q

What can increase the sentence of GBH

A

If it is racially or religiously aggrovated

22
Q

Give 5 examples of GBH

A
  • Permanent disability
  • Substantial blood loss
  • Permanent loss of sensory function
  • Broken bones
  • Wound
  • any injury requiring lengthy treatment
23
Q

What section and act is GBH with inent under

A

Section 18 offences against the person act 1861

24
Q

What type of offence is GBH with intent

A

Indictable

25
Q

What is the maximum sentence of GBH with intent

A

life

26
Q

What injuries are required for GBH with intent

A

Same as section 20 GBH of offences against person act 1861

27
Q

3 points to prove GBH with intent

A
  • GBH occured
  • Act was deliberate and unjustified
  • Intention to cause GBH
28
Q

What section and act is religious and racially agrivated assaults unde

A

Section 29 Crime and disorder act 1998

29
Q

What is the max increased penalty for common assault if it is racially or religiously aggravated

A

2 years

30
Q

What is the max increased penalty for ABH if it is racially or religiously aggravated

A

7 years

31
Q

What is the max increased penalty for GBH if it is racially or religiously aggravated

A

7 years

32
Q

what section and act is assault on PC under

A

Section 89 (1) police act 1996

33
Q

what type of offence is assault PC under

A

Summary

34
Q

What section and act is assault PC with intent to resist or prevent arrest under

A

Section 38 offences against the person act 1861

35
Q

What offence is assault PC with intent to resist or prevent arrest under

A

Either way

36
Q

Max sentence for is assault PC with intent to resist or prevent arrest under

A

2 years

37
Q

What section and act is Obstuct PC offence under

A

Section 89 (2) police act 1996

38
Q

What type of offence is obstruct PC

A

Summary

39
Q

What is max sentence for obstruct PC

A

1 month

40
Q

What act protect assaults on emergency workers

A

Assaults on emergency workers act 2018

41
Q

what type of offence is assaults on emergency workers

A

either way offen

42
Q

what is max sentence for assaults on emergency workers

A

12 month

43
Q

Who is included in assaults on emergency workers act

A
  • Police/custody officer/PCSO
  • NCA
  • Prison officer
  • Fire service
  • NHS