Asssualts Flashcards
Define assault
Any act which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Define battery
A person is guilty of battery if they: intentionally or recklessly apply unlawful force on another person
4 defences to assault
Self defence
Lawful sports
Implied consent
Consent
Section 47 offences against a person 1861
Actual bodily harm
A person is guilty of an offence if he intentional or recklessly uses unlawful force on another, thereby occasioning him actually bodily harm
What is ABH
Any hurt or injury calculated to interfere with a persons health or comfort & included physical harm or shock & mental injury
Section 20 offences against a person 1861
Grievous bodily harm
Whosoever shall unlawfully & maliciously wound or inflict any GBH upon any other person
Either with or without any weapon or instrument shall be guilty of an offence
Section 18 offences against a person 1861
GBH with intent
Whosoever shall unlawfully & maliciously by any means whatsoever wound or cause any GBH to any person with intent to do some GBH to any person or with intent to resist or prevent the unlawful apprehension or detainer of any person shall be guilty of an offence
Section 89(1) police act 1996
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
Section 89(2) police act 1996
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
Section 38 offences against a person act 1861
Assault with intent to resist arrest
It is an offence to assault any person with intent to resist or prevent the lawful apprehension or detainer himself or of any other person
Section 29 crime & disorder act 1998
Religiously & racially aggravated
Takes existing offence & sets circumstances in which those existing offences become racially or religiously aggravated
GBH with intent is excluded as this already carries a life sentence
Section 24 offences against a person 1861
It is an offence to administer poison or other noxious substance with intent to injury, aggrieved or annoy a person
5 building blocks
Preserve life Preserve scene Preserve evidence Identify victim Identify offender
Consented assaults
Tattoo
Medical
Piercings
3 points to prove GBH with intent
GBH occurred
Intention to cause GBH
Act was deliberate and unjustifiable