Offences against the person Flashcards

1
Q

Common assault (and battery) - legislation

A

Section 39 Criminal Justice Act 1988

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2
Q

Common assault definition

A

Threat of force or violence - Intentionally or recklessly causing another to apprehend immediate and unlawful violence or intentionally or recklessly applying unlawful force on another

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3
Q

Common assault and battery definition

A

Actual violence or force takes place - intentionally or recklessly applying unlawful force on another

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4
Q

Common assault (with battery) - type of offence

A

Summary

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5
Q

Assault defences

A

Lawful sport
Self-defence
Consent given
Prevention of crime

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6
Q

ABH legislation

A

Section 47 Offences Against the Person Act 1861

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7
Q

ABH - type of offence

A

Either way

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8
Q

ABH definition

A

Any injury interfering with the health or comfort of the victim (serious but not permanent - bruising, cuts, fractures, fear and distress)

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9
Q

GBH - legislation

A

Section 20 Offences Against the Person Act 1861

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10
Q

GBH with intent - type of offence

A

Indictable

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11
Q

GBH definition

A

Extensive loss of blood, broken bones, injuries requiring extensive medical treatment, PTSD

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12
Q

GBH with intent definition

A

Intention to wound or cause grievous bodily harm

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13
Q

Racially or religiously aggravated assault legislation

A

Section 28 Crime and Disorder Act 1998

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14
Q

Enhanced sentencing for aggravated assaults on those with other protected characteristics

A

Criminal Justice Act 2003

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15
Q

Racially or religiously aggravated assault definition

A

At time of committing offence, offender demonstrates hostility towards racial or religious groups or offence is motivated towards member of a racial or religious group

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16
Q

Assault on a child - legislation

A

Section 58 Children’s Act 2004

17
Q

Assault on a child - what’s allowed and what’s not

A

Common assault with battery, ABH and GBH not allowed but common assault could be justified (doesn’t explicitly state this)

18
Q

Common assault on a child defence

A

Reasonable punishment

19
Q

GBH - type of offence

A

Either way