Lecture 9 Assaults

Question 1

What are the Nine kinds of Assault?

Answer 1

1. Murder
2. Attempted Murder
3. Manslaughter
4. Section 18 Grievous Bodily Harm with intent Offences against a persons act 1861
5. Section 20 Grievous Bodily Harm with no intent Offences agains a persons act 1861
6. Section 47 Actual Bodily Harm Offences against a persons act 1861
7. Section 39 Common Assault Criminal Justice Act 1988
8. Section 29 Racially or Religiously Aggravated Assault Crime and Disorder Act 1998
9. Assault on Emergency Workers Offences Act 2018

Question 2

What is an assault?

Answer 2

Any Act by which a person
INTENTIONALLY or RECKLESSLY
causes another to apprehend 
IMMEDIATE and UNLAWFUL
personal violence.

Question 3

What are the defences to assault?

Answer 3

G: Game or sport
O: Operation
S: Self Defence 
C: Consent 
R: Reasonable force
A: Accident 
M: Moderate correction

Question 4

What is Section 39 Criminal Justice Act 1988?

Answer 4

Common Assault
Assault: Does not include physical contact, an act indicating intention to use unlawful violence against another. Victim had an honest belief they would have been hit.
Common Assault with Battery: Physical contact, unlawful application of force to another person, contact to the smallest degree.

Question 5

What is Section 47 Offences Against a Persons Act 1861?

Answer 5

Actual Bodily Harm

• This offence is committed when a person assaults another, thereby causing ABH to that other person.
• ABH means any hurt which interferes with the health or comfort but not to a considerable degree.
• Such hurt needs not be permeant.

Question 6

What is Section 20 Offences Against the Person Act 1861?

Answer 6

Grievous Bodily Harm (no intent)

• Unlawfully and maliciously
• wound or inflict Grievous Bodily Harm
• upon another person
• with or without any weapon or instrument

Question 7

What is Section 18 Offences Against the Person Act 1861?

Answer 7

Grievous Bodily Harm (intent)

• Unlawfully and maliciously
• by any means whatsoever
• wound or cause GBH
• to any other person with INTENT to either
• cause GBH to any person or
• resist or prevent the lawful apprehension or detainer of any person.

Question 8

What is a wound?

Answer 8

The breaking of the continuity of the whole skin (3 layers)

Question 9

What is Grievous Bodily Harm?

Answer 9

Really serious harm
Can include:
- broken bones or psychiatric injury
- no need to prove the injury is either permanent or dangerous.

Question 10

What is Section 29 Crime and Disorder Act 1998?

Answer 10

Racially or Religiously Aggravated Assault
- At the time, immediately before or after the time of doing so
- The offender demonstrates to the victim
- Hostility
- Based on the victims membership, either real or presumed, of a racial or religious group
OR
- The offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

Question 11

What is the assault on emergency workers offences act 2018?

Answer 11

It is an offence of common assault or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.