Offences Against the Person Flashcards
Legislation
Offences against the person act 1861
Common assault under Criminal Justice act 1988
Common assault - CJ Act 1988 (section 39)
‘Any act, which intentionally or recklessly, causes another to apprehend, immediate, unlawful violence’
Common assault - ‘any act’
Does not require physical contact e.g. threatening words, written or verbal, raised fists, attempt to spit
Common assault - ‘which intentionally or recklessly’
an act with purpose, victim will be subjected to immediate and unlawful violence
Common assault - ‘causes another to apprehend’
Victim does not need to feel fearful, but believe there is a threat of violence
Common assault - ‘immediate’
Imminent threat of violence towards the victim and that the violence will take place there and then
Common assault - ‘unlawful’
Contrary to law, without permission (as opposed to lawful violence such as self defence )
Common assault - ‘violence’
Personal, against another, as opposed to property
Common assault by battery or beating (section 39 of CJ act 1988)
Physical contact
Purposefully take part in conduct which applies unlawful force
Directly against another
Use of weapons
Acute Bodily Harm ABH - (Offences against the person act 1861 section 47)
‘Includes any hurt to injury calculated to interfere with the health or comfort of the victim’
ABH
Physical injury - extensive bruising, damaged teeth, cuts and stitches, minor fractures
Physiological - emotional fear and distress (must be supported by a medical expert)
Grievous Bodily Harm GBH - (Offence against the person act 1862 section 20)
Most serve from of assault
Physical injury - extensive blood loss, injury requiring long medical care (coma), broken bones
Psychological injury - severe trauma (PTSD) supported by medical evidence
GBH with intent - (Offences against the person act 1861 - section 18)
Prove the offence, evidence of the suspects intentions
Intention to wound, harm, cause GBH or resist arrest
Sentencing - common assault
Summary offence - maximum 6 months
R&R - 2 years / unlimited fine
Sentencing ABH
Either way offence - maximum 5 years / unlimited fine
R&R - maximum 7 years / unlimited fine
