Non-Fatal Offences against the person

Question 1

Common Assault and Battery

Answer 1

An assault or battery which results in no injury.

Question 2

Is common assault Summary or indictable?

Answer 2

Summary

Question 3

Do you have power of entry for a common assault

Answer 3

No, Summary only

Question 4

What is an Assault?

Answer 4

An Assault is any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

“Apprehend” means the person believes not fear.
Requires Mens rea from victim and Offender

Question 5

Offender threatens to shoot Victim with a imitation gun. is this an assault?

Answer 5

If the victim believes it is a real gun it is an Assault.

R v Ireland (1998)- It dose not have to be certain, just a possibility”

“Logdon vs DPP (1976) X threatened to shoot Y with imitation pistol. Even though X couldn’t actually harm Y, still an assault as Y apprehended immediate violence being used.”

Question 6

Defining immediacy (case Law)

Answer 6

Immediacy is elastic
R v Ireland (1998) Violence ‘in a minute of two’ might be enough

Question 7

what words can negate an assault?

Answer 7

if a CONDITIONAL threat is made.
“Do this OR else”
or hypothetical scenario

Question 8

What is a Battery

Answer 8

When a person Intentionally or recklessly inflict unlawful force on another.

Requires physical contact

Question 9

What is the Mens Rea for Battery

Answer 9

Recklessly or intentionally

Question 10

What is the Actus Reus for Battery

Answer 10

Inflicts unlawful force on another

Question 11

If a person is collaterally injured is this a battery

Answer 11

Yes indirect force is still a battery
Mother holding a baby who is also injured (Haystead vs CC Derbyshire (2000))

Question 12

If the victim dose not apprehend the force but is hit what offence is this

Answer 12

Battery without assault

Question 13

4 Defences of Battery

Answer 13

Consent
Lawful Chastisement
Self defence
Legal right/ duty

Question 14

Factors of Consent

Answer 14

Did the victim in fact consent

do public policy consideration invalidate that consent

Question 15

Can you “Smack” a child

Answer 15

A parent or a person acting in place of a parent may use reasonble force in controlling the behaviour of that child.
But the injury amounts to no more than reddening of the skin
SEC 58 Children ACT 2004

Question 16

What legal right or duty exist to justify use of force?

Answer 16

Common law, pre-emptive strike

SCE3 Criminal Law act 1967
A Person may use force as is reasonable in the prevention of crime or assisting a lawful arrest or suspected offenders unlawfully at large.

Question 17

Can ABH include mental injury

Answer 17

yes on medical evidence psychiatric injury can be ABH

Question 18

What assaults require medical evidence

Answer 18

All assaults ABH upwards

Question 19

What is the offence wording for an ABH

Answer 19

‘Whoever shall be convicted of any assault occasioning actual bodily harm shall be liable to be kept in penal servitude.’

Question 20

What is the offence wording for a GBH

Answer 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 a misdemeanour’

Question 21

For the purpose of GBH what dose Maliciously mean?

Answer 21

Intention or recklessly

Question 22

GBH Injuries

Answer 22

Fracture of skull and major bones
Substantial puncture breaking all layers of skin
Deliberately infecting another with HIV or transmittable disease
Significant Psychiatric injury

Dose not say intend the level of injury

Question 23

GBH by INTENT

Answer 23

The intention was to cause the LEVEL of injury.
Or that the intent was to resist arrest or arrest of another.

Question 24

What SEC is GBH with intent

Answer 24

SEC 18

Question 25

What SEC is GBH

Answer 25

SEC 20

Question 27

Offence wording: Assault with Intent to Resist Arrest

Answer 27

Whosoever…shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor.

Question 28

Offence wording: Assault on an Emergency Worker

Answer 28

‘An offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.’
SEC 1 Assaults on Emergency Workers ACT

Question 29

True or false Assault on an emergency worker can be used for off duty officers

Answer 29

False only during the exercise of the function as an emergency workers

Question 30

Obstructing of a Police Officer, Wording

Answer 30

Any person who resists or wilfully obstructs 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’

Question 31

Threats to Kill wording

Answer 31

‘A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence’.

Question 32

Would a threat towards an unborn baby be considered a threat to Kill

Answer 32

no - unborns can not be threaten