Assaults Ch.15 Flashcards
Outline the offence of common assault by threat under S.39 of the 1988 Criminal Justice Act.
Any act which makes a victim understand and believe they are immediately going to be subject to personal violence (even if they have no intent to carry out the threat).
Conditional threat/assault: conveys a threat on condition of another event. If the victim reasonably expects bodily harm if they refuse to comply the suspect is guilty of assault even if they take no further action.
Tried Summarily: Six months imprisonment (one year against emergency workers, two years if racially/ religiously aggravated).
Outline the offence of common assault: battery under S.39 of the 1988 Criminal Justice Act.
Involves the use of force which results in a minor/ no perceivable injury. It is the intentional or reckless application of force.
Tried summarily: Six months imprisonment (one year if against an emergency worker, two years if it it racially or religiously aggravated)
Outline the offence of Actual Bodily Harm as covered by S.47 Offences Against the Persons Act 1861
Any hurt or injury calculates to interfere with the health or comfort of the prosecutor (more than transient or trifling). Injury must be real and capable of being seen or felt by the victim or witness.
Tried either way: Summarily - Six months imprisonment and/ or fine.
Indictment - maximum five years (max 7 years if it is racially/religiously aggravated).
Outline the offence of wounding/inflicting GBH under S.20 of the Offences Against the Persons Act 1861
A victim receives life changing injuries through unlawful, malicious or recklessly inflicted wounds (breaking all layers of the skin) or GBH (‘really serious’ bodily harm). Can be caused with or without weapons and does not have to be permanent or physically violent (eg transmitting HIV knowingly whilst concealing it from a partner or causing serious psychiatric injury).
Triable Either way: Summarily - Six months imprisonment and/ or fine. Indictment - Up to five years (seven if racially/religiously aggravated)
Outline the offence of GBH with intent under S.18 of Offences Against the Persons Act 1861
Wounding or causing GBH with the intent to do GBH or resist/prevent arrest.
Indictment only: Life imprisonment
Outline offences under Assaults on Emergency Workers Act 2018
Covers the offence of common assault or battery against an emergency worker (on or off shift so long as they’re carrying out the same functions as they would at work).
S.1 - Common assault or assault by battery- Triable either-way and the penalty is fine and/ or imprisonment up to a year.
S.2 - More serious assaults where emergency worker is a victim (aggravating factor) including threats to kill, wounding with intent to cause GBH, Assault occasioning ABH, Sexual Assault.
This now merits the maximum sentence available.
S.3 - Defines emergency worker
Outline the offence of Assaulting, Resisting or Wilfully obstructing a police officer under S.89 of the Police Act 1996
The offence is committed against police officers acting in the lawful execution of their duties (and anyone assisting the police in this) specifically in reference to assaulting, resisting or wilfully obstructing a police officer.
Triable Summarily: fine and/or imprisonment for maximum six months against a police officer, maximum one month against any assisting persons.
Outline the offence of Assault to Resist Arrest S.38 of the Offences Against the Persons Act 1861
An offence to assault ant person with the intent to prevent the lawful apprehension or detainment of themselves or any other person for any other offence.
Triable summarily: Two years imprisonment
Outline the offence of threats to kill under S.16 of the Offences Against the Persons Act 1861
Two main ways:
*Directly threatening to kill someone and them believing the threat
* Threatening B that you will kill C and intend they will believe the threat (even if C knows nothing about it)
There doesn’t need to be any intent to kill anyone the person being threatened just has to believe the threat.
Triable either way: Summary - fine and/or six months imprisonment.
Indictment - ten years imprisonment.
Outline: The use of Violence to Enter Premises under S.6 Criminal Law Act 1977
An offence to use violence to gain entry to any premises occupied by any person opposing the entry. (Does not apply to a home-owner, tenant or legally intended occupier who comes home to find people in their property they can legally use or threaten violence to enter the property but this does not include actions and threats to the trespassers, they can only ask them to leave (it is an offence if they refuse to leave under S.7 Criminal Law Act.
Triable Summarily: fine and/ or Six months imprisonment.
