Offences Against The Person Legislation Flashcards
What is a S39 Assault?
Common Assault- this is the lowest level of Assault. (No injury, temporary pain, reddening, swelling, slap, push)
Any act which is intentionally or recklessly causes another person to apprehend immidiate unlawful violence.
Battery - if a person intentionally or recklessly applies unlawful force to another person
What is S47 Assault?
A person intentionally or recklessly assaults another causing ACTUAL BODILY HARM
This is more than a trivial injury & natural injury to the consequences of the injury.
More contact and higher level of injury e.g broken noses, loss of teeth, minor fractures, psychological effects
Defences could include surgery/consent/sport/Reasonable chastisement/self defence
What is S47 Assault?
A person intentionally or recklessly assaults another causing ACTUAL BODILY HARM
This is more than a trivial injury & natural injury to the co
What is S20 Assault?
Section 20 Assault – Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. This offence is committed when a person unlawfully and maliciously, either wounds another person; or inflicts grievous bodily harm upon another person.
This is without INTENT
Indictment- 5 Years
What is S18 Assault?
Section 18 Assault –UnlawfulWounding/Grievous Bodily Harm(GBH) Section 18 Assault involves grievous (or really serious) bodily harm or a wound with INTENT. This offence is committed when a person unlawfully and maliciously, either wounds another person; or inflicts grievous bodily harm upon another person.
Indictment- Life imprisonment
What is the difference between S18 & S20 Assault?
S18 with intent (has to break the skin)- Life imprisonment
S20 - 5years
Both offences cause permanent injury/disability/loss of senses
What is S28 Crime & Disorder Act(Racial/religious aggravation?
At the time or immediately before/after offence offender demonstrates hostility towards the victim based on membership or presumed membership of racing or religious group or offence motivated (wholly/partly) by such hotility
What is S29 Racially aggravated assault?
This applied to common/ABH/GBH- S20
A person is guilty of an offence under S29 Of crime and disorder act 1998 if they commit an offence of common assault, actual bodily harm and wounding or inflicting GBH which is racially aggravated. These carry higher sentences
What is S1 - Assault an emergency worker?
This applies to common assault and battery offences against an emergency worker who are acting in function of their duty. Up to 12 months imprisonment. Can include NHS/NCA/Police/Prison and others that work for emergency services
OFFENCES ARE ALWAYS MINOR INJURIES. IF INFLICT S20/S18, THEY GET CHARGED WITH THIS OFFENCE NOT ASSAULT EMERGANCY WORKER
What is S89(2) Police Act 1996 Obstruct Police?
Any person who RESIST or WILFULLY obstructs an officer in his duty (summary offence)
- false alibi is obstruction
- preventing arrest is obstruction
- tipping someone off is obstruction
