Offences against the person

Question 1

Common assault

Answer 1

S. 39 Criminal Justice Act 1988

• intentionally or recklessly
• act that causes another to apprehend
• immediate, unlawful violence

Summary only
If racially or religiously aggravated - 2 years imprisonment

Question 2

Battery

Answer 2

S. 39 Criminal Justice Act 1988

• intentionally or recklessly
• use unlawful force on another

Summary only
If racially or religiously aggravated - 2 years imprisonment

Question 3

Assault occasioning actual bodily harm

Answer 3

S. 47 Offences Against the Persons Act 1861

• intentionally or recklessly
• use unlawful force on another
• which results in actual bodily harm

Triable either way
5 years on indictment (7 years if racially or religiously aggravated)

Question 4

GBH

“Unlawful and Malicious Wounding or Inflicting Grievous Bodily Harm”

Answer 4

s. 20 Offence Against the Person Act 1861

• unlawfully,
• maliciously
• wound or to inflict grievous bodily harm
• on another person

Malicious: mens rea - intent to do SOME harm but not GBH, or recklessness

Triable either way
Summarily - six months’ imprisonment and/ or a fine,
Indictment - 7 years imprisonment (5 years if no racial/religious aggravation)

Question 5

GBH with intent

Answer 5

S. 18 Offences Against the Person Act 1861

• unlawfully,
• maliciously,
• wound or cause grievous bodily harm
• to any person
• with intent do some grievous bodily harm to any person or,
• with intent to resist or prevent the lawful apprehension or detainer of any persons

Triable on indictment only
Maximum sentence: Life imprisonment

Question 6

Threats to Kill

Answer 6

S. Offences Against the Person Act 1861

• A threatens to kill B and intends that B will believe the threat
  OR
• A communicates a threat to kill to B about killing C (C does not need to be aware of the threat)

Question 7

Assault to resist arrest

Answer 7

s.38 Offences against the Person Act 1861

• Assault any person
• with intent to resist or prevent
• lawful apprehension or detainer
• of himself or another person
• for any offence.

Question 8

Assaulting, resisting or wilfully obstructing a police officer

Answer 8

S. 89 of the Police Act 1996

Can be committed against officer acting in the lawful execution of their duties. It can also be committed against a person who is assisting the officer.

Question 9

Violence for securing entry

Answer 9

S. 6 of the Criminal Law Act 1977

• any person without lawful authority
• use violence or threaten violence
• for the purpose of securing entry for himself or another
• into any premises
• provided there is someone present on those premises at the time who is opposed to the entry.