Offenses Against The Person

Question 1

What are the 4 categories covering offences against the person?

Answer 1

• Common assault
• Assault occasioning actual bodily harm (ABH)
• Grievous bodily harm (GBH)
• Grievous bodily harm with intent

Question 2

What section of legislation is common assault under?

Answer 2

Section 39 Criminal Justice Act 1988

Question 3

What is the definition of common assault?

Answer 3

Any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence or intentionally or recklessly applies unlawful force on another

(Physical violence does not always need to occur)

Question 4

What is common assault by battery?

Answer 4

Common assault with physical contact (pushing, grabbing or even slightly touching the victim)

Question 5

What section of legislation is Actual Bodily Harm (ABH) under?

Answer 5

Section 47 of the Offences Against the Person Act 1861

Question 6

What does ABH include?

Answer 6

Any hurt or injury calculated to interfere with the health or comfort of the victim

Includes physical and psychological injury (minor fractures, extensive bruising, emotional fear and distress)

Question 7

What section of legislation is grievous bodily harm (GBH) under?

Answer 7

Section 20 of the Offences Against the Person Act 1861

Question 8

Which 2 ways can GBH be caused?

Answer 8

• Intentionally

- Recklessly

Question 9

What is GBH?

Answer 9

The most serious form of assault in which significant harm is caused to a victim

E.g. Extensive blood loss, broken bones, severe trauma (PTSD)

Question 10

What section of legislation is GBH with intent under?

Answer 10

Section 18 of the Offences Against the Person Act 1861

Question 11

What type of offence against the person could arise if a suspect is lawfully detained and, through intention of preventing that arrest, seriously injures whoever detained them?

Answer 11

GBH with intent

Question 12

What is the maximum sentence for common assault including when it is religiously or racially aggravated?

Answer 12

6 months imprisonment or unlimited fine

Racially or religiously aggravated: 2 years imprisonment and/or fine (either way offence)

Question 13

What type of offence is ABH and what is the maximum sentence including when racially or religiously aggravated?

Answer 13

Either way offence

5 years imprisonment and/or unlimited fine

Racially or religiously aggravated: 7 years imprisonment

Question 14

What type of offence is GBH and what is the maximum sentence including when racially or religiously aggravated?

Answer 14

Indictable only

5 years imprisonment and/or unlimited fine

Racially or religiously aggravated: 7 years imprisonment

Question 15

What type of offence is GBH with intent and what is the maximum sentence?

Answer 15

Indictable only

Life imprisonment