Offences against the person Flashcards
Common assault (and battery) - legislation
Section 39 Criminal Justice Act 1988
Common assault definition
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
Common assault and battery definition
Actual violence or force takes place - intentionally or recklessly applying unlawful force on another
Common assault (with battery) - type of offence
Summary
Assault defences
Lawful sport
Self-defence
Consent given
Prevention of crime
ABH legislation
Section 47 Offences Against the Person Act 1861
ABH - type of offence
Either way
ABH definition
Any injury interfering with the health or comfort of the victim (serious but not permanent - bruising, cuts, fractures, fear and distress)
GBH - legislation
Section 20 Offences Against the Person Act 1861
GBH with intent - type of offence
Indictable
GBH definition
Extensive loss of blood, broken bones, injuries requiring extensive medical treatment, PTSD
GBH with intent definition
Intention to wound or cause grievous bodily harm
Racially or religiously aggravated assault legislation
Section 28 Crime and Disorder Act 1998
Enhanced sentencing for aggravated assaults on those with other protected characteristics
Criminal Justice Act 2003
Racially or religiously aggravated assault definition
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