Assaults Flashcards
Section 39 of the Criminal Justice Act 1988
What two offences are they?
- Common assault
2. Assault by beating (battery)
Define Assault? (All though it technically has no legal definition)
Any act which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Define any act
The act could be words in a letter or telephone call using threatening silences (no physical contact required)
Define intentionally
A deliberate or purposeful act/calculated, but leave the victim in no doubt that he/she will be subjected to violence.
Define recklessly?
Being aware of the existence of risk but nonetheless had gone on to take it.
Define apprehend
The action of the suspect leaves the victim in no doubt about what he/she is about to face (anticipated/fear of a certain action or consequence) from words, silence or conduct.
Does a conditional threat constitute an assault?
No
Could someone shaking a fist at someone else without physical contact still be an assault?
Yes
Common assault by beating (battery) define it?
A person is guilty of battery if they intentionally or recklessly apply unlawful force on another person.
What is section 47 offences against the Person act 1861?
Actual bodily harm (ABH)
Define section 47 offences against the Person act 1861.
Actual bodily harm (ABH)
A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm.
What is section 20 offences against the Person act 1861
Grievous bodily harm (GBH)
Define section 20 offences against the Person act 1861 grievous bodily harm
Whosoever shall unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence.
What maliciously?
Intentionally or recklessly (defendant must realise that there is a risk of some harm being caused to the victim. You only need to prove the victim for saw some harm, but went on to take the risk anyway.)
What does inflict mean? (In terms of GBH)
Does not need to be physical contact, but must be shown the behaviour of the defendant brought about the harm.
What is section 18 of the offences against the Person act 1861?
Grievous bodily harm with intent
Define grievous bodily harm with intent?
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.
What is section 89 (1) of the police act 1996?
Assault on police
Define assault on police?
It is an offence for any person to, assault or resist a police officer or any person assisting the officer in the lawful execution of his duty.
What is section 89 (2) of the police act 1996?
Obstruct police
Define obstruct police
It is an offence for any person, To wilfully obstruct a police officer or any person assisting the officer in the lawful execution of his duty
What is section 38 of the offences against the Person act 1861?
Assault with intent to resist lawful apprehension
Define assault with intent to resist lawful apprehension?
It is an offence to, assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person.
Define the assaults on emergency workers act 2018?
This act provides that when the offences of common assault or battery is committed against an emergency worker, acting in the exercise of his function as such a worker, the offence shall be triable either way and as such, carry a higher penalty
What assault cannot have an aggravating factor added on?
Section 18 grievous bodily harm with intent. (It is not covered as it already carries a maximum prison sentence)
