Non-fatal Offences Against The Person Flashcards
What section and act is common assault and battery under?
Section 39, Criminal Justice Act 1988
What type of offences are common assault and battery?
Summary only
6 months
True or false. You can charge both common assault and battery as separate offences?
True
What is meant by common assault?
Any act where a person intentionally/recklessly causes another person to apprehend unlawful immediate violence.
Common assault is about _____, not about______.
common assault is about belief not about fear. Belief about unlawful violence about to occur because of a threat.
Who’s state of mind does common assault require?
Both the offender AND the victim.
What is an example of common assault?
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
What is meant by immediate violence in terms of common assault?
Physical threats, verbal threats, intimidation silence through the phone, a conditional threat
What is an example of a hypothetical threat? Is a hypothetical threat a common assault?
“I would punch you if the police officers were not around”. No, hypothetical threats are not common assault.
What is meany by battery?
Committed when a person intentionally/recklessly inflicts unlawful force on another. Requires physical contact, even a very small degree e.g. minor bruises.
What is an example of an indirect battery?
An attack on a mother holding a baby causes the mother to drop the baby. That is two counts of assault on different people.
True or false. You need to believe the threat of violence for it to be battery?
False
Give an example of transfer of malice in terms on battery.
Person A attacks someone with a belt but misses and hits another person> Person A is charged with battery
What is an example of consent to unlawful force?
A contact sport such as rugby, tattoos
What is section 58 of the Children Act 2004?
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.
What act and section is ABH under?
Offences against a person Act 1861, Section 47.
What type of offence is ABH?
Either-way offence,
5 years
What are some examples of ABH?
A black eye, minor cuts, can include psychiatric injury (must be medical evidence).
What section and act is GBH under?
Offences against the person Act 1861, section 20
What type of offence is GBH?
Either-way offence,
5 years
What is meant by GBH?
Unlawfully and maliciously wound or inflict any GBH upon a person either with or without a weapon.
What are some examples of GBH?
Fractured bones, internal injuries, deliberately inflicting someone with HIV
What is meant by GBH with intent?
Unlawfully and maliciously causes any GBH to any person with intent e.g. run someone over or intent to resist arrest.
What is meant by GBH with intent to resist arrest?
E.g. Police officer goes to arrest Person A, Person A punches police officer and cracks skull.
What type of offence is GBH with intent?
Indictable only,
Life
Can GBH with intent to resist arrest by on any person?
Yes e.g. if a member of the public was helping the police make arrest and offender inflicted GBH on member of the public
What is meant by Assault on an Emergency Worker?
An offence of common assault, or battery that is committed against an emergency worker lawfully on duty.
What type of offence is assault on emergency worker?
Either-way,
2 years
What are some examples of the offence, obstructing a police officer?
- Flashing lights at cars after seeing a speed camera
- Deliberately taking alcohol just before a breathalyser
Is refusing to answer questions obstructing a police officer?
No
What is meant by the offence Threats to kill?
“intending to kill/make someone believe they will be killed (not about the victim’s mindset) can be by email, post, phone calls.
What type of offence is Threats to kill?
Either-way,
10 years
