Criminal Assult

Question 1

What is assault?

Answer 1

Assault is an act by which a person intentionally causes another to suffer or apprehend immediate unlawful violence
You can not comment a criminal assault by doing nothing ie. Failing to act unless you are on duty to so
An assault may be accompanied by a ‘’battery’’ refereed to as ‘’assault by breathing ‘’
A ‘’battary’’ is the intentional or reckless application of unlawful force on another person
The unlawful force can be slight, it doesn’t need to be serious, hard or cause injury

Question 2

Examples of common assault

Answer 2

Slapping someone
Pushing
Shouting in someone face
Spitting
Hitting

Question 3

What makes ABH a common assault
[ actual bodily harm]

Answer 3

Must be intentional or a reckless act
For ABH = some form a battery is needed to cause injury
Any hurt calculated to interfere with health or comfort
No need for it to be permanent
But must me more than transient or merely trifling
There are cases that go beyond the scope of PADRAS eg cutting hair

Question 4

What does ABH stand for

Answer 4

Actual bodily harm

Question 5

Exampls of ABH

Answer 5

Damaging a tooth
More severe bruising that take more than a few days to heal
Cuts requiring sutures
Any loss of consciousness

Question 6

Examples of common assault injures

Answer 6

Superficial non extensive cuts that do not require sutures
Grazes scratches and other minor abrasions
Minor bruising or redness of the skin
Swelling or discolouration that will be transient

Question 7

How to decide wether to charge ABH or common assault
Sample factors for low level ABH injuries

Answer 7

Was a weapon used
Was a vulnerable or intimidate victim being abused
Was there and punching/ kicking/ head-butting or attack while the victim was n the ground
Was it non fatal strangulation
Was there need for medical treatment

Question 8

Infecting grievous bodily harm GBH
Either way
5 years

Answer 8

GBH court decides meaning
Significant injures require sustained medical care
Even if there is a full recovery
Life changing injury
Unlawful wounding- a break in the continuity of the skin
Wounding/ infecting GBH with intent
Indictable only
Life imprisonment
Beyond scope of PSRAS

Question 9

Examples of other offences against a person

Answer 9

Harassment /Staking requires a ‘’course of conduct’’ where the predator knew or out to have known the effect of it
Can include arrest for breaching preventative court order
Harassment/ stalking with fear of violence
Can be committed by cyber stalking/ social media/ text messages etc
Controlling or coercive behaviour- domestic context
Threats to kill TTK
Assault charged if there has been one