Offences Against a Person

Question 1

State the common law definition for assault

Answer 1

An assault is an act where a person intentionally or recklessly causes another person to apprehend immediate or unlawful personal violence

Question 2

State the 3 defences for assault

Answer 2

Consent
Lawful Chastisement
Self Defence

Question 3

Provide an example of where consented assault is used, and how can assault still be committed in this situation?

Answer 3

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.

Question 4

Is ‘smacking’ children allowed in the UK?

Answer 4

Only in England, not Scotland or Wales

Question 5

What must someone have to prove if they have smacked a child?

Answer 5

1. That they are the parent or person acting in place of parent.
2. Injury only amounted to reddening of the skin, injury is transient and trifling.

Question 6

Common law definition for Self Defence

Answer 6

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.

Question 7

Example:

A aims a punch as B but punches C. Is this an offence?

Answer 7

Yes, this is an assault with battery. Transfer of Malice applied.

Question 8

Example:

A throws stone at B but hits window. Is this an offence.

Answer 8

Yes but not assault. This would be criminal damage. Not a transfer of malice.

Question 9

Name 2 common assault offences.

Answer 9

1. Common assault as a threat

2. Common assault as battery

Question 10

State the punishment for common assault and battery.

Answer 10

Summary only, 6 months + fine

Question 11

State the main factor differing ABH from Common Assault by beating.

Answer 11

Degree of injury

Question 12

State punishment for ABH

Answer 12

Either way offence. 5 years max if indictable

Question 13

Provide examples of injury for ABH

Answer 13

Minor bone breaks, cuts, extensive/multiple bruising, displaced broken nose

Question 14

Provide examples of injury for common assault

Answer 14

Graze, scratch, abrasion, minor bruise, undisplaced broken nose.

Question 15

Does a GBH offence have to intend to cause injury?

Answer 15

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.

Question 16

Define GBH

Answer 16

An offence to ‘unlawfully and maliciously would another person.

Question 17

What is the difference between Section 20 and Section 18 GBH?

Answer 17

Intent to cause the injury of that level

Question 18

Define section 18.

Answer 18

Wounding or causing GBH with the intent to do GBH or to prevent arrest.

Question 19

State the punishment for GBH Sec 20

Answer 19

Triable either way with max sentence 7 years

Question 20

State punishment for GBH Sec 18

Answer 20

Triable by indictment only, max sentence being life imprisonment

Question 21

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?

Answer 21

No offence. Not an assault as B has not been apprehended by immediate unlawful violence.

Question 22

Example:

A and B are facing each other. A throws punch at B but misses. What offence has taken place?

Answer 22

Common assault. B was apprehended by immediate unlawful violence.

Question 23

A is stood behind B and punches B in the back of the head. What offence has taken place?

Answer 23

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.

Question 24

A and B are facing each other. A punched B. What is the offence?

Answer 24

Common assault by battery. A has intentionally or recklessly inflicted unlawful force or another and B was apprehended by immediate unlawful force.

Question 25

A is swinging an object around, it hits B. What is the offence?

Answer 25

We have to determine where A foresaw that he might hit B. If he did then this is reckless and therefore battery. If no, no offence.