Criminal Justice Act Flashcards
1
Q
Common assault comes under which section of the Criminal Justice Act?
A
Section 39
2
Q
Common assault: what are the two possible offences?
A
Common assault as a threat
Common assault by battery
3
Q
Any act which INTENTIONALLY or recklessly causes another person to APPREHEND IMMEDIATE and unlawful PERSONAL VIOLENCE.
A
Common assault (threat)
4
Q
Any act by which a person INTENTIONALLY or recklessly APPLIES unlawful FORCE on another.
A
Common assault (battery)
NOTE: Defendant should be charged with ‘assault by beating’.
5
Q
Common assault (threat) and common assault (battery): mode of trial?
A
Summary
6
Q
Common assault (threat) and common assault (battery): penalty?
A
Max 6 months imprisonment and/ or a fine
7
Q
Section 91 Criminal Justice Act 1967
A
Drunk and disorderly
