Offences Against the Person Flashcards
What section and legislation is common assault?
Section 39 Criminal Justice Act 1988
Section 39 Criminal Justice Act 1988: Points to Prove
- Intentionally or recklessly
- Causes another
- To apprehend immediate and unlawful violence
OR - Intentionally or recklessly
- Applies unlawful force (battery)
Does the victim need to feel fear in a common assault?
No, they just have to believe there is a threat of violence
Under common assault, can a threat of violence be against property?
No, it must be against a person
Under common assault, can a threat of violence be in the future?
No, the violence threatened must be then and there
Under common assault, can a threat of violence be just words?
No, it must be more than just words
What lawful excuses are there under common assault?
- Self-defence/defence of another
- Defence of property
- Prevention of crime
- Lawful arrest
What kind of assault results in minor or no perceivable injury?
Common Assault (and Battery)
What is battery?
Any act by which a person intentionally or recklessly applies unlawful force on another
What section and legislation is ABH?
Section 47 Offences Against the Person Act 1861
What type of assault would a cut to the skin be?
ABH
Cuts, bruising, minor fractures, damaged teeth, etc.
Do ABH injuries need to be permanent?
No
Can be physical or psychological
What section and legislation is GBH (without intent)?
Section 20 Offences Against the Person Act 1861
What section and legislation is GBH with Intent?
Section 18 Offences Against the Person Act 1861
What is the difference between ABH and GBH?
ABH refers to the infliction of harm beyond transient pain or discomfort, whereas GBH involves severe harm resulting in long-term physical or psychological consequences
What type of assault is loss of consciousness?
GBH
Can GBH include psychological injury?
Yes, if long term and supported by medical evidence
What type of assault includes serious long term injuries?
GBH
Section 18 Offences Against the Person Act 1861: Explanation
GBH with intent involves the intention to wound or cause grievous bodily harm or to resist or prevent arrest
If someone lawfully detains a suspect and is seriously injured, what section would apply?
Section 18 Offences Against the Person Act 1861 (GBH with Intent)
What 2 main sections cover assaults on emergency workers?
Section 1 & 2 Assaults on Emergency Workers Act 2018
When does the Assaults on Emergency Workers Act 2018 apply?
When a person is carrying out the functions of an emergency worker
