Non-fatal Offences Against The Person

Question 1

What section and act is common assault and battery under?

Answer 1

Section 39, Criminal Justice Act 1988

Question 2

What type of offences are common assault and battery?

Answer 2

Summary only
6 months

Question 3

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

Answer 3

True

Question 4

What is meant by common assault?

Answer 4

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

Question 5

Common assault is about _____, not about______.

Answer 5

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

Question 6

Who’s state of mind does common assault require?

Answer 6

Both the offender AND the victim.

Question 7

What is an example of common assault?

Answer 7

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

Question 8

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

Answer 8

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

Question 9

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

Answer 9

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

Question 10

What is meany by battery?

Answer 10

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

Question 11

What is an example of an indirect battery?

Answer 11

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

Question 12

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

Answer 12

False

Question 13

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

Answer 13

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

Question 14

What is an example of consent to unlawful force?

Answer 14

A contact sport such as rugby, tattoos

Question 15

What is section 58 of the Children Act 2004?

Answer 15

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.

Question 16

What act and section is ABH under?

Answer 16

Offences against a person Act 1861, Section 47.

Question 17

What type of offence is ABH?

Answer 17

Either-way offence,
5 years

Question 18

What are some examples of ABH?

Answer 18

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

Question 19

What section and act is GBH under?

Answer 19

Offences against the person Act 1861, section 20

Question 20

What type of offence is GBH?

Answer 20

Either-way offence,
5 years

Question 21

What is meant by GBH?

Answer 21

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

Question 22

What are some examples of GBH?

Answer 22

Fractured bones, internal injuries, deliberately inflicting someone with HIV

Question 23

What is meant by GBH with intent?

Answer 23

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

Question 24

What is meant by GBH with intent to resist arrest?

Answer 24

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

Question 25

What type of offence is GBH with intent?

Answer 25

Indictable only,
Life

Question 26

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

Answer 26

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

Question 27

What is meant by Assault on an Emergency Worker?

Answer 27

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

Question 28

What type of offence is assault on emergency worker?

Answer 28

Either-way,
2 years

Question 29

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

Answer 29

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

Question 30

Is refusing to answer questions obstructing a police officer?

Answer 30

No

Question 31

What is meant by the offence Threats to kill?

Answer 31

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

Question 32

What type of offence is Threats to kill?

Answer 32

Either-way,
10 years