Offences Against The Person Flashcards
Potter is at a party when he sees Peter and shouts “I’m going to smash your face in right now and I won’t stop”. Potter is only joking and has no intention to hit Peter but Peter hears the threat and believes he is about to be attacked. Has an offence been committed?
Yes. Common Assault under S39 of the Criminal Justice Act 1988 as Potter has threatened Peter with unlawful violence and Peter believes the threat.
Luke sees Lee who he knows is having an affair with his wife. Luke says “if I catch you anywhere near my wife again I’ll break your legs”. Has Luke committed an assault?
No. There is no imminent threat or danger of violence.
What legislation covers common assault and common assault with battery?
Section 39 Criminal Justice Act 1988
What legislation covers assault occasioning actual bodily harm (ABH)?
Section 47 of the Offences Against the Person Act 1861
What legislation covers unlawful wounding/inflicting grievous bodily harm (GBH)?
Section 20 of the Offences Against the Person Act 1861
What legislation covers wounding / inflicting grievous bodily harm with intent (GBH)?
Section 18 of the Offences Against the Person Act 1861
What is common assault with battery?
The intentional or reckless application of unlawful force / violence to another person
What is common assault?
The intentionally or reckless threat of immediate unlawful violence / force on another person which the other person believes / understands
What level of physical force does common assault require?
None. Common assault doesn’t require any physical contact and is an act indicating an intention to use unlawful violence against the person of another – for example, an aimed punch that fails to connect, spitting, threatening fists or words.
What level of force does common assault with battery require?
Minimal. Provided there has been an intentional or reckless application of unlawful force the offence will have been committed, however slight the force.
What type of offence is common assault (including battery) and what are the sentencing guidelines?
Summary only offence. Up to 6 months in custody (up to one year if against an emergency worker and up to two years if racially or religiously aggravated)
