OAP Flashcards
What act/ section defines assault?
What type of offence is it?
What is the max sentence?
s.39 CJA 1988
Summary
Max 6months/ £5000 fine or both
What act/ section defines battery?
What type of offence is it?
What is the max sentence?
s.39 CJA 1988
Summary
6months/ £5000 fine or both
What act/ section defines ABH?
What type of offence?
What is the max sentence?
s.47 OAPA 1861
Either way offence
Max 5 years
What act/ section defines malicious wounding/ inflicting GBH?
What type of offence?
What is the max sentence?
s.20 OAPA 1861
Either way
Max 5 years
What act/ section defines wounding or inflicting GBH with intent?
What type of offence
What is the max sentence?
s.18 OAPA 1861
Indictable
Max life imprisonment
Are assault and battery common law or statute?
Common law
What is the definition of assault?
An act which intentionally or recklessly causing another to apprehend immediate and unlawful personal violence
Is an omission sufficient for the AR of assault?
No
For apprehension of assault what is not necessary to prove?
That V feared an assault (I U P V)
What did the case of Constanza define?
Words alone may amount to an assault
Generous view of ‘immediately’ means imminent but not instantaneous
What did the case of Ireland define?
Silent phone calls can amount to an assault depending on the impact of the victim
What did the case of Smith demonstrate?
If V believes they will be subject to IUPV then the fear need not be completely rational
What is the necessary MR for assault?
Intention/ cunningham recklessness
What did Majewski define?
If D is intoxicated when he commits the AR for A/B then he is considered to be doing the acct recklessly
What was the difference in the cases of Turberville 1669 and Light 1857?
In Light a threat was offered so considered an assault where as Turberville did not give a specific threat
