Criminal Justice Act 1988

Question 1

Assault points to prove and defences

Answer 1

Points to prove

•Intentionally or recklessly
•causes person to suffer or apprehend immediate unlawful violence

Summary Offence (tried at magistrates)
(Victim must be able to apprehend immediate unlawful violence)

EXAMPLE-
if the victim is facing away and someone throws a punch but misses then the victim is not able to apprehend immediate unlawful violence if he however saw the punch thrown he can apprehend immediate unlawful violence.

Question 2

Points to prove and defences for Battery

Answer 2

Points to prove

•intentionally or recklessly
•inflicts unlawful force on another
(Requires physical contact, can be to small degree)

Defence
•Consent
•Self defence
•legal right or duty

Example-
attacker hits the victim and therefor is guilty of battery (no state of mind is required, attacker has intentionally or recklessly inflicted unlawful force)

Difference between battery and assault is that assault can be state of mind (causes victim to apprehend immediate unlawful violence)

Question 3

What is Transfer of malice

Answer 3

If the attacker threw a bottle at person A but person A ducked and it hit person B then attacker is still guilty of battery
(Intention to hit person A was transferred to person B

Question 4

Points to prove and defences for ABH

Answer 4

Points to prove
•Assault a person
•Thereby occasioning actual bodily harm

Defences
•Consent can’t be a defence unlike battery

(Harm to victim needs to be more than transient and trifling-
which means it must at least cause minor injuries or pain or discomfort

Question 5

Points to prove and defences for GBH

Answer 5

Points to prove
•Wound
•or inflict grievous bodily harm

Harm to the victim must be serious such as-broken leg,fractured skull, severe lacerations would be GBH

Question 6

Points to prove for GBH with intent

Answer 6

Points to prove
•unlawfully and maliciously
•by any means
•wound or cause
•grievous bodily harm
•to any person

Defence
No defence

Indictable offence

Question 7

Points to prove for threats to kill

Answer 7

Points to prove
•without lawful excuse
•makes to another a threat to kill
•intending that the other would fear it would be carried out

Either way offence