Offences against the person

Question 1

What are the 4 most common offences against persons?

Answer 1

• Common assault.
• Assault occasioning actual bodily harm (ABH).
• Grievous bodily harm (GBH).
• Grievous bodily harm with intent.

Question 2

What legislation covers common assault?

Answer 2

Section 39 of the Criminal Justice Act 1988

Question 3

What is the definition of common assault?

Answer 3

any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence or intentionally or recklessly applies unlawful force on another

Question 4

What is the difference between common assault and common assault by battery?

Answer 4

Common assault is where there is the threat of violence or force.
Common assault and battery (assault by beating) is where actual violence or force takes place.

Question 5

‘Any act’ (CA)

Answer 5

For a common assault to occur, the ‘act’ doesn’t require physical contact. Examples include:

• Threatening words (written or verbal).
• A raised fist.
• An attempt to spit on the victim.

When physical contact is made, the offence is referred to as ‘common assault and battery’.

Question 6

‘Which intentionally or recklessly’ (CA)

Answer 6

This means to act with purpose, knowing that the victim will be subjected to immediate and unlawful violence or force with little concern for the consequences.

Question 7

‘Causes another to apprehend’ (CA)

Answer 7

For the purposes of common assault, the victim does not need to feel fearful. They simply have to believe there is the threat of violence.

If the victim doesn’t believe that there is the threat of violence then an assault will not have taken place.

Question 8

‘Immediate’ (CA)

Answer 8

There must be an imminent threat of violence towards the victim – they must apprehend that the violence will happen there and then.

Question 9

‘Unlawful’

Answer 9

The conduct must be contrary to law, and without permission. Examples of lawful violence include:

• Self-defence or defence of another (with reasonable force).
• Defence of property.
• Prevention of crime.
• Lawful arrest.

Question 10

‘Violence’

Answer 10

The violence caused must be ‘personal’, meaning against a person, as opposed to violence against property.

For example, damaging someone’s car or grabbing a dog by the scruff of the neck is not considered an assault. Offences involving property are covered elsewhere.

Question 11

Definition of assault by battery

Answer 11

Common assault by battery (or beating) is any act by which a person intentionally or recklessly applies unlawful force on another.

Question 12

What legislation concerns ABH?

Answer 12

Section 47 of the Offences Against the Person Act 1861.

Question 13

Definition of ABH

Answer 13

Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim (mental or physical)

Question 14

Give examples of types of physical injury caused by ABH

Answer 14

Any hurt or injury need not be permanent, but must be considered serious, usually requiring a medical assessment. Examples include:

• Extensive bruising.
• Damaged teeth.
• Cuts and stitches.
• Minor fractures.

Question 15

Psychological injury (ABH)

Answer 15

An injury of the mind is also considered ABH. This includes psychiatric injuries as well as emotional fear and distress.

Any psychological or psychiatric injuries must be supported by expert medical evidence.

Question 16

What legislation concerns GBH?

Answer 16

Section 20 of the Offences Against the Person Act 1861.

Question 17

Give examples of types of physical injury caused by GBH

Answer 17

Extensive loss of blood.
Injury requiring a long convalescence and / or extensive medical treatment (such as a coma).
Broken bones.

Question 18

Give examples of types of psychological injuries caused by GBH

Answer 18

Psychological injuries can include severe trauma, such as post-traumatic stress disorder (PTSD). However, they must be supported by medical evidence.

Question 19

What legislation concerns GBH with intent?

Answer 19

Section 18 of the Offences Against the Person Act 1861.

Question 20

Definition of GBH with intent?

Answer 20

GBH with intent involves the intention to wound or cause grievous bodily harm or to resist or prevent arrest.

Anyone who lawfully detains a suspect and is seriously injured as a result is subject to GBH with intent.

To prove the intent to resist arrest, the court must be satisfied that the suspect caused GBH with the intention of preventing their arrest or detainment or that of any other person.

Question 21

Section 28 of the Crime and Disorder Act 1998

Answer 21

(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if –

at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or

the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

Question 22

Common assault by battery sentencing (+ racially aggravated)

Answer 22

Summary only offence, carrying a maximum sentence of six months’ imprisonment and the possibility of an unlimited fine.

Racially or religiously aggravated common assaults are either-way offences, carrying a maximum sentence of two years’ imprisonment and / or a fine.

Question 23

ABH sentencing (+ racially aggravated)

Answer 23

ABH is an either-way offence, carrying a maximum sentence of five years’ imprisonment and the possibility of an unlimited fine.

Racially or religiously aggravated ABH carries a maximum sentence of seven years’ imprisonment.

Question 24

GBH sentencing (+ racially aggravated)

Answer 24

GBH is an indictable only offence, carrying a maximum sentence of five years’ imprisonment and the possibility of an unlimited fine.

Racially or religiously aggravated GBH carries a maximum sentence of seven years’ imprisonment.

Question 25

GBH with intent sentencing.

Answer 25

GBH with intent is an indictable only offence, carrying a maximum sentence of life imprisonment.

Question 26

s.58 Children’s act 2004

Answer 26

In relation to any offence specified in subsection (2), battery of a child [F2taking place in England] cannot be justified on the ground that it constituted reasonable punishment.

A defence cannot be made for GBH or ABH. However, a defence could be made for common assault with battery, but not necessarily.

A child is someone under the age of 18

Question 27

s.89 Police act 1996

Answer 27

Assaults on constables.

Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.