Offences Against The Person Flashcards
What are the two possible offences under section 39 of the criminal justice Act 1988?
-Common Assault - where there is the threat of violence or force.
-Common assault and battery (assault by beating) where actual violence or force takes place.
What examples could be classed as any act for common assault?
Threatening words
A raised fist
An attempt to spit on the victim.
Remember the act doesn’t require physical contact
With regard to common assault what is meant by ‘Which intentionally or recklessly’?
To act with purpose.
Knowing that the victim will be subjected to immediate and unlawful violence or force with little concern for the consequences.
What is mean by ‘causes another to apprehend’ in common assault?
The victim does not need to feel fearful. They just have to believe there is a threat of violence.
If there is no belief of violence then assault hasn’t taken place.
In regard to common assault what is meant by immediate?
The victim must believe that the violence will happen there and then.
Violence must be unlawful for it to be classed as common assault, what are lawful examples of violence?
Self defence or defence of another (with reasonable force)
Defence of property
Prevention of crime
Lawful arrest
‘A person intentionally or recklessly applies unlawful force on another’ is the definition of what?
Common assault by battery (or beating)
What is the act for Common assault by battery?
Must result in minor or no perceivable injury to the victim. For example:
Touching the victim
Grazing
Scratching
Pushing or grabbing
Actual bodily harm is an offence under what section?
Section 47 of the offence against the person act 1861.
What is the definition of actual bodily harm?
Any hurt or injury calculated to interfere with the health or comfort of the victim
What injuries are classed as actual bodily harm?
Physical injuries (requires medical assessment)
E.g Extensive bruising, damaged, cuts and stitches, Minor fractures.
Psychological injury (emotional fear or distress) requires expert medical evidence.
What is an offence under Section 20 of the Offences Against the Person Act 1861?
Grievous bodily harm
GBH is what level of assault?
The most serious.
Two injuries caused by GBH?
Physical injury (extensive blood loss/ injury requiring extensive medical treatment such as a coma/ broken bones)
Psychological trauma (such as PTSD, needs supporting medical evidence)
What is an offence under section 18 of the offences against the person act 1861?
GBH with intent
