Offences Against the Person

Question 1

Define assault

Answer 1

Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

Can be verbal or physical

Question 2

What is battery?

Answer 2

• The application of ‘force’
• Smallest degree of physical contact will be sufficient
• Can be applied directly or indirectly

Question 3

What are the 3 types of assault offences set out in law?

Answer 3

• Common assault
• Actual bodily harm (ABH)
• Wounding / grievous bodily harm (GBH)

Question 4

What year was the Offences Against the Person Act officially published?

Answer 4

1861

Question 5

What year was the Criminal Justice Act officially published?

Answer 5

1988

Question 6

What section of the CJA does common assault come under?

Answer 6

Section 39

Question 7

State the 2 possible offences that come under common assault

Answer 7

Assault (threat)
Battery

In which no injury is caused

Question 8

What is common assault?

Answer 8

The offence covers either the infliction of violence on another person or if that person thinks they are about to be attacked
o E.g. threatening words, a raised fists, spitting

Covers both intentional and reckless acts

If there is any harm, however slight there is ABH

Question 9

What type of offence is common assault?

What is the maximum sentence?

Answer 9

Triable summary

Maximum sentence = 6 months imprisonment or a fine of £5000 or both

Question 10

What section of legislation covers assault occasioning actual bodily harm (ABH)?

Answer 10

Section 47, Offences against the person act 1861

Question 11

Explain ABH

Answer 11

The assault (can be intentional or reckless) must have caused some physical harm to the victim

Does not need to be serious or permanent but must be more than trifling or transient

Some psychiatric harm can also be covered by this offence, but must be more than just fear or anxiety

Question 12

What type of offence is ABH?

What is the maximum sentence?

Answer 12

Either way offence - Cases can be heard in the magistrates’ courts or Crown Court

Maximum sentence for ABH = 5 years imprisonment

Question 13

What 2 sections of legislation are covered under grievous bodily harm / wounding (GBH)?

Answer 13

Section 20, Offences against the person act 1861

AND

Section 18, Offences against the person act 1861

Question 14

What offence is covered under Section 20, Offences against the person act 1861?

Define it

Answer 14

Unlawful wounding or inflicting grievous bodily harm

“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be kept in penal servitude”

Question 15

Explain a section 20 offence

Answer 15

 Means really serious physical harm (does not have to be permanent or dangerous)
 Can lead to psychiatric injury or passing on an infection e.g. sexual activity
 Requires either an intent to do some kind of bodily harm to another person or recklessness as to whether any such harm might be caused
 Maximum sentence for GBH = 5 years imprisonment
 Either way offence - Cases can be heard in the magistrates’ courts or Crown Court

Question 16

What offence is covered under Section 18, Offences against the person act 1861?

Define it

Answer 16

Causing grievous bodily harm with intent to do grievous bodily harm / Wounding with intent to do grievous bodily harm

“Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life”

Question 17

Explain a section 18 offence

Answer 17

Most serious of offences, means someone intended to cause very serious harm to the victim (key difference between sec 18 and 20)

An offence may take one of four different forms, namely:

1. wounding with intent to do grievous bodily harm;
2. causing grievous bodily harm with intent to do so;
3. maliciously wounding with intent to resist or prevent the lawful apprehension etc. of any person; or
4. maliciously causing grievous bodily harm with intent to resist or prevent lawful apprehension etc. of any person.

 Maximum sentence for GBH = life imprisonment
 Indictable offence - Cases can only be heard at Crown Court

Question 18

What are the 2 main areas of defence for assault?

Answer 18

Consent

Legal Justification

Question 19

Explain the consent defence for assault

Answer 19

• Permissible as a defence when:
o The assault does not involve any legal purpose
o The assault is not excessive
o There is true consent
• Consent that falls short of being a defence
o Mentally ill people giving consent
o Injuries received by sadomasochistic act
o Under 16

Question 20

Explain the Legal Justification defence for assault

Answer 20

May be legally justified in the following circumstances:
o Lawful correction
o Self defence
o Execution of a legal right or duty