Non Fatal Offences Against The Person Flashcards
For common assault the suspect must either intend or be subjectively reckless that the victim would….
Apprehend immediate unlawful personal force.
ABH includes both physical harm and shock / mental injury, the harm caused can be either?
Permanent or temporary.
Psychiatric harm caused by ABH must go beyond….
Fear, distress, panic.
Cutting hair or nails without consent comes under ?
ABH.
Any of the 3 assaults can be aggravated racially or religiously.
Common Assault
ABH
GBH
Resist arrest includes 2 types of assault?
Common assault
Battery.
GBH - maliciously, unlawfully either wounds or INFLICTS GBH upon any person. Does it matter if the defendant did not foresee the risk of the result of wounding or inflicting GBH being caused?
No. As long as they foresaw the risk of some harm.
Good reason will be determined in light of all the following considerations - CDV..
C - the practical consequences of the behaviour
D - the dangerousness of the behaviour
V - the vulnerability of the consenting person.
Corporal punishment is illegal in all British schools, staff may only use certain force in restraining violent pupils….
Reasonable force.
It is an offence to assault any person with the intent to either resist or prevent the lawful apprehension or detainer of either -
Themselves or another.
In regards to assault with intent to resist arrest, the assault can be either??
A common assault or a battery.
Assault with intent to resist arrest, must have the men’s rea for the assault AND the…..
Intent to resist or prevent the arrest of themselves or another person.
In regards to assault / obstruct police, there is no need for the prosecution to show that the defendant knew or suspected that the person is a police officer or…..
That they were acting in the execution of their duty.
If the officer was acting unlawfully will the offence be committed ?
No. The officer must be acting lawfully.
If a person tips off another individual in respect of police presence to enable them to avoid apprehension, is that wilful obstruction?
Yes.
The definition for GBH is that it inflicts GBH. But GBH with intent is to ……..
Cause GBH.
Wounding involves either breaking the continuity of the whole of outer skin, or breaking the inner skin within the….
Cheek, lip or urethra.
GBH is defined as either serious harm or really serious harm in two ways….
Physical or psychiatric.
GBH with intent is committing GBH with the intent of any 3 things -
To cause GBH to anyone.
Resist the arrest of any person.
Prevent the arrest of any person.
For threats to kill, does the threat have to be believed?
No. The offence is complete once the intent to cause fear that the threat would be carried out is formed.
A PC issues a FPN the driver returns and is aggressive. The officer takes hold of his arm and told him to calm down is this an assault ?
No it has been held that touching someone to draw their attention to what was being said was acceptable by the ordinary standards of everyday life.
Hannah allows Ashley to inject her with drugs causing ABH injuries. Is this an assault ??
Yes. Although it’s consented the activity is illegal.
Can a child consent to an assault ?
No, if they don’t fully understand what they are consenting to.
JONES flashes an on-coming driver as he has noticed a speed camera and wants to warn them. They aren’t actually speeding. Is this an offence of obstructing police ?
No. The offence is only committed if the person is actually speeding.
Battery can only be committed when using direct force ? True or false.
False it can be direct or indirect.
Does a victim have to be in fear for a common assault ?
No. Just have to apprehend immediate unlawful violence.
What does malice mean ?
An actual intention to cause the relevant harm or at least foresight of the risk of causing some harm.
