definitions Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Assault

A

section 39 of the criminal justice act 1988Any act intentionally or recklessly causing another person to apprehend immediate unlawful violence.’‘common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the general scale, to imprisonment for a term not exceeding 6 months, or to both.’‘AR-causing apprehension of immediate and unlawful violenceMR-intention or subjective recklessness thereto

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

battery

A

section 39 of the criminal justice act 1988any act which intentionally or recklessly causes another person to receive the application(touching) of immediate unlawful force without the consent of that person and without lawful excuse.’‘common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the general scale, to imprisonment for a term not exceeding 6 months, or to both.’‘AR-Infliction of force or violence(the interest of touching)MR- intention or subjective recklessness thereto

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

wounding and GBH section 20

A

OAPA 1861unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person either with or without a weaponAR-wounding or inflicting GBHMR-intention or recklessness as to some harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

wounding and GBH section 18 (exact same as 20 but with intent/different mens rea)

A

OAPA 1861unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person either with or without a weapon WITH INTENT. AR-wounding or causing GBHMR-intention plus ulterior intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

assault occasioning actual bodily harm

A

section 47 of OAPA 1861whosoever shall be convicted upon an indictment of any assualt occasioning actual bodily harm shall be liable to imprisonment for up to 5 years.AR- common assault or battery resulting in ABHMR- intention or subjective recklessness to the common assault or battery only.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly