Offences Against a Person Flashcards
State the common law definition for assault
An assault is an act where a person intentionally or recklessly causes another person to apprehend immediate or unlawful personal violence
State the 3 defences for assault
Consent
Lawful Chastisement
Self Defence
Provide an example of where consented assault is used, and how can assault still be committed in this situation?
Rugby match. By taking part in the match you consent to assault within the rules. Assault can be committed if it happens out of the rules. E.g. punch to the head.
Is ‘smacking’ children allowed in the UK?
Only in England, not Scotland or Wales
What must someone have to prove if they have smacked a child?
- That they are the parent or person acting in place of parent.
- Injury only amounted to reddening of the skin, injury is transient and trifling.
Common law definition for Self Defence
Any person can defend themselves from an ‘attack’ using ‘reasonable force’. Therefore: if you have a genuine honest held belief that you or another are in imminent danger, you may use such for as is reasonable and necessary to avert the danger. Including pre-empted strike.
Example:
A aims a punch as B but punches C. Is this an offence?
Yes, this is an assault with battery. Transfer of Malice applied.
Example:
A throws stone at B but hits window. Is this an offence.
Yes but not assault. This would be criminal damage. Not a transfer of malice.
Name 2 common assault offences.
- Common assault as a threat
2. Common assault as battery
State the punishment for common assault and battery.
Summary only, 6 months + fine
State the main factor differing ABH from Common Assault by beating.
Degree of injury
State punishment for ABH
Either way offence. 5 years max if indictable
Provide examples of injury for ABH
Minor bone breaks, cuts, extensive/multiple bruising, displaced broken nose
Provide examples of injury for common assault
Graze, scratch, abrasion, minor bruise, undisplaced broken nose.
Does a GBH offence have to intend to cause injury?
The suspect must know that the actions would result in some kind of injury, however does not necessarily have to foresee the degree of injury.
Define GBH
An offence to ‘unlawfully and maliciously would another person.
What is the difference between Section 20 and Section 18 GBH?
Intent to cause the injury of that level
Define section 18.
Wounding or causing GBH with the intent to do GBH or to prevent arrest.
State the punishment for GBH Sec 20
Triable either way with max sentence 7 years
State punishment for GBH Sec 18
Triable by indictment only, max sentence being life imprisonment
Example:
B is facing away from A. A thrown a punch at B but misses. B has no idea that this has happened. What offence has taken place?
No offence. Not an assault as B has not been apprehended by immediate unlawful violence.
Example:
A and B are facing each other. A throws punch at B but misses. What offence has taken place?
Common assault. B was apprehended by immediate unlawful violence.
A is stood behind B and punches B in the back of the head. What offence has taken place?
This is battery only. We do not need the state of mind for B as well, A has intentionally or recklessly inflicted unlawful force on another.
A and B are facing each other. A punched B. What is the offence?
Common assault by battery. A has intentionally or recklessly inflicted unlawful force or another and B was apprehended by immediate unlawful force.
