Exam 2 Flashcards
section 39 Criminal justice act
Battery
Intend or be recless, unlawfull force
unlawful force amounting in physical contact directly or indirectly
no physical force =no battery
section 39 Criminal justice act
Battery
Injury Type
minor brusing or black eyes
superfisial cuts
scratches & Grazes
section 47 offences against the person act 1861
ACTUAL BODILY HARM
A person unlwafuly assulted, another person ocasioning actual bodely harm.
Intend or be recless, unlawfull force.
section 47 offences against the person act 1861
ACTUAL BODILY HARM
Injury Type
Loss or breaking of teeth
termporery loss of sensory function
extensive or multiple brusing
minor fractures or cuts requring stiches
mental harm beyond fear, distress, panic
Any hurt or injury calculated to interfear with the victims health
physical or mental
section 39 Criminal justice act
Common Assault
Intend or be recless, unlawfull force.
Any act which causes a person to aprahend immideate unlawfull force.
must aprahend or feell fear or force/ no fear or force = no ofence.
SECTION 20 OAPA 1861
MALICIOUS WOUNDING (GBH)
Section 20
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years.
SECTION 20 OAPA 1861
MALICIOUS WOUNDING (GBH)
Injury Type
Extensive loss of blood.
Injury requiring a long convalescence and / or extensive medical treatment (such as a coma).
Broken bones.
Psychological injury
Psychological injuries can include severe trauma, such as post-traumatic stress disorder (PTSD). However, they must be supported by medical evidence.
SECTION 18 OAPA 1861
MALICIOUS WOUNDING (GBH) with intent
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent or with intent to resist or prevent the lawful apprehension or detainer of any person
MALICIOUS??
- The suspect either Intended or was subjectively reckless that at least some harm would be caused.
- There is no requirement to foresee the risk of serious harm, really serious harm or wound
Injury Type (GBH)
Breaking the continuity of the whole of the outer skin – i.e. both the dermis and epidermis;
or
Breaking the inner skin within the cheek, lip, or urethra.
SECTION 89 POLICE ACT 1996
ASSAULTING A POLICE OFFICER
Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months;.
SECTION 89 POLICE ACT 1996
OBSTRUCTING A POLICE OFFICER
ASSAULTS ON EMERGENCY WORKERS
Theft Act 1968
BURGLARY - SECTION 9(1)(A) OFFENCE
- Section 9(1)(a): entering a building or part of a building as a trespasser with an intent to commit one of the following in the building:
- theft;
- criminal damage; or
- infliction of grievous bodily harm;
Theft Act 1968
BURGLARY - SECTION 9(1)(B) OFFENCE
Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.