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Legislation, Powers And Policy > Non-fatal Offences Against The Person > Flashcards

Non-fatal Offences Against The Person Flashcards

1
Q

What section and act is common assault and battery under?

A

Section 39, Criminal Justice Act 1988

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2
Q

What type of offences are common assault and battery?

A

Summary only
6 months

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3
Q

True or false. You can charge both common assault and battery as separate offences?

A

True

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4
Q

What is meant by common assault?

A

Any act where a person intentionally/recklessly causes another person to apprehend unlawful immediate violence.

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5
Q

Common assault is about _____, not about______.

A

common assault is about belief not about fear. Belief about unlawful violence about to occur because of a threat.

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6
Q

Who’s state of mind does common assault require?

A

Both the offender AND the victim.

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7
Q

What is an example of common assault?

A

X threatened to shoot Y with an imitation pistol. Even though X could not actually harm Y, it is still common assault as Y apprehended immediate violence being used

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8
Q

What is meant by immediate violence in terms of common assault?

A

Physical threats, verbal threats, intimidation silence through the phone, a conditional threat

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9
Q

What is an example of a hypothetical threat? Is a hypothetical threat a common assault?

A

“I would punch you if the police officers were not around”. No, hypothetical threats are not common assault.

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10
Q

What is meany by battery?

A

Committed when a person intentionally/recklessly inflicts unlawful force on another. Requires physical contact, even a very small degree e.g. minor bruises.

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11
Q

What is an example of an indirect battery?

A

An attack on a mother holding a baby causes the mother to drop the baby. That is two counts of assault on different people.

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12
Q

True or false. You need to believe the threat of violence for it to be battery?

A

False

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13
Q

Give an example of transfer of malice in terms on battery.

A

Person A attacks someone with a belt but misses and hits another person> Person A is charged with battery

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14
Q

What is an example of consent to unlawful force?

A

A contact sport such as rugby, tattoos

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15
Q

What is section 58 of the Children Act 2004?

A

A parent / guardian may use reasonable force in controlling the behaviour of child BUT no more than reddening of the skin and it goes back to normal quickly.

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16
Q

What act and section is ABH under?

A

Offences against a person Act 1861, Section 47.

17
Q

What type of offence is ABH?

A

Either-way offence,
5 years

18
Q

What are some examples of ABH?

A

A black eye, minor cuts, can include psychiatric injury (must be medical evidence).

19
Q

What section and act is GBH under?

A

Offences against the person Act 1861, section 20

20
Q

What type of offence is GBH?

A

Either-way offence,
5 years

21
Q

What is meant by GBH?

A

Unlawfully and maliciously wound or inflict any GBH upon a person either with or without a weapon.

22
Q

What are some examples of GBH?

A

Fractured bones, internal injuries, deliberately inflicting someone with HIV

23
Q

What is meant by GBH with intent?

A

Unlawfully and maliciously causes any GBH to any person with intent e.g. run someone over or intent to resist arrest.

24
Q

What is meant by GBH with intent to resist arrest?

A

E.g. Police officer goes to arrest Person A, Person A punches police officer and cracks skull.

25
Q

What type of offence is GBH with intent?

A

Indictable only,
Life

26
Q

Can GBH with intent to resist arrest by on any person?

A

Yes e.g. if a member of the public was helping the police make arrest and offender inflicted GBH on member of the public

27
Q

What is meant by Assault on an Emergency Worker?

A

An offence of common assault, or battery that is committed against an emergency worker lawfully on duty.

28
Q

What type of offence is assault on emergency worker?

A

Either-way,
2 years

29
Q

What are some examples of the offence, obstructing a police officer?

A
  • Flashing lights at cars after seeing a speed camera
  • Deliberately taking alcohol just before a breathalyser
30
Q

Is refusing to answer questions obstructing a police officer?

A

No

31
Q

What is meant by the offence Threats to kill?

A

“intending to kill/make someone believe they will be killed (not about the victim’s mindset) can be by email, post, phone calls.

32
Q

What type of offence is Threats to kill?

A

Either-way,
10 years

Legislation, Powers And Policy (23 decks)

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