Assaults

Question 1

Section 39 of the Criminal Justice Act 1988

What two offences are they?

Answer 1

1. Common assault

2. Assault by beating (battery)

Question 2

Define Assault? (All though it technically has no legal definition)

Answer 2

Any act which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

Question 3

Define any act

Answer 3

The act could be words in a letter or telephone call using threatening silences (no physical contact required)

Question 4

Define intentionally

Answer 4

A deliberate or purposeful act/calculated, but leave the victim in no doubt that he/she will be subjected to violence.

Question 5

Define recklessly?

Answer 5

Being aware of the existence of risk but nonetheless had gone on to take it.

Question 6

Define apprehend

Answer 6

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.

Question 7

Does a conditional threat constitute an assault?

Answer 7

No

Question 8

Could someone shaking a fist at someone else without physical contact still be an assault?

Answer 8

Yes

Question 9

Common assault by beating (battery) define it?

Answer 9

A person is guilty of battery if they intentionally or recklessly apply unlawful force on another person.

Question 10

What is section 47 offences against the Person act 1861?

Answer 10

Actual bodily harm (ABH)

Question 11

Define section 47 offences against the Person act 1861.

Actual bodily harm (ABH)

Answer 11

A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm.

Question 12

What is section 20 offences against the Person act 1861

Answer 12

Grievous bodily harm (GBH)

Question 13

Define section 20 offences against the Person act 1861 grievous bodily harm

Answer 13

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.

Question 14

What maliciously?

Answer 14

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.)

Question 15

What does inflict mean? (In terms of GBH)

Answer 15

Does not need to be physical contact, but must be shown the behaviour of the defendant brought about the harm.

Question 16

What is section 18 of the offences against the Person act 1861?

Answer 16

Grievous bodily harm with intent

Question 17

Define grievous bodily harm with intent?

Answer 17

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 18

What is section 89 (1) of the police act 1996?

Answer 18

Assault on police

Question 19

Define assault on police?

Answer 19

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.

Question 20

What is section 89 (2) of the police act 1996?

Answer 20

Obstruct police

Question 21

Define obstruct police

Answer 21

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

Question 22

What is section 38 of the offences against the Person act 1861?

Answer 22

Assault with intent to resist lawful apprehension

Question 23

Define assault with intent to resist lawful apprehension?

Answer 23

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.

Question 24

Define the assaults on emergency workers act 2018?

Answer 24

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

Question 25

What assault cannot have an aggravating factor added on?

Answer 25

Section 18 grievous bodily harm with intent. (It is not covered as it already carries a maximum prison sentence)