Offences Against the Person

Question 1

What is the definition of Assault?

Answer 1

Any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence (do not need to be in fear but must believe it is going to happen)

Question 2

What is the definition of Battery?

Answer 2

Battery is committed when a person intentionally or recklessly inflicts unlawful force on another (requires physical contact)

Question 3

What is the Transfer of Malice?

Answer 3

The intention of one offence can be transferred to another (A tries to hit B, misses B and hits C)

Question 4

What are the defences for Assault and Battery?

Answer 4

1. Consent
   - did the victim consent?
   - does public policy invalidate consent
2. Lawful Chastisement
3. Self-defence
4. Legal right or duty

Question 5

What is Lawful Chastisement?

Answer 5

A parent/guardian may use reasonable force to control behaviour BUT injury must be ‘transient and trifling’ (no more than reddening of the skin)

Question 6

What is Assault Occasioning Actual Bodily Harm (ABH)?

Answer 6

It is the act of assault/battery that results in harm to another’s body. It does not have to be severe but more than a push/shove

Question 7

What is Wounding or Inflicting Grievous Bodily Harm?

Answer 7

Inflicting unlawful and malicious wounding on another person, with or without any weapon or instrument

Question 8

What is Wounding or Causing Grievous Bodily Harm with Intent?

Answer 8

The unlawful and malicious wounding by any means with intent to do some grievous bodily harm or with intent to assist or prevent lawful apprehension/detention of a person

Question 9

What is Assault with Intent to Resist Arrest

Answer 9

It is an offence to assault any person with intent to resist or prevent lawful apprehension of himself or any other person

Question 10

What is the definition of Threats to Kill?

Answer 10

Making threats, without lawful excuse, intending that the other would fear it would be carried out, to kill the other/third party (threat doesn’t have to be immediate)

Question 11

What are some Offences Against the Person under Common Law?

Answer 11

1. False imprisonment
2. Kidnapping
3. Murder
4. Manslaughter

Question 12

What is false imprisonment?

Answer 12

The unlawful/reckless restraint of a person’s freedom of movement

Question 13

What is the definition of kidnapping?

Answer 13

The unlawful taking or carrying away of someone, without their consent, by force or fraud

Question 14

What is an Assault on an Emergency Worker?

Answer 14

An offence of common assault/battery that is committed against an emergency worker acting in the exercise of function as such a worker

Question 15

What is the definition of Obstructing a Police Officer?

Answer 15

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

Question 16

What is the definition of Murder?

Answer 16

When a person, sound of mind and discretion, unlawfully killeth any reasonable creature in being under the King’s Peace, with malice aforethought

Question 17

What is voluntary manslaughter?

Answer 17

Death with the intent to kill/cause GBH but the defendant has special defence

Question 18

What are the special defences for manslaughter?

Answer 18

1. Diminished responsibility
2. Loss of control
3. Suicide pact

Question 19

What is involuntary manslaughter?

Answer 19

Death but no intent to kill/cause GBH. Usually committed unlawfully through gross negligence