Violence

Question 1

Section 39 Criminal justice act 1988 - Common Assault / battery

Summary Offense

Maximum sentence - 6 Months imprisonment

Answer 1

Definition - An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. A battery is committed when a person intentionally or recklessly applies unlawful force to another.

Question 2

Section 47 offenses against the person act 1861- Assault occasioning actual bodily harm (ABH)

Triable either way

Maximum sentence - 5 Years imprisonment

Answer 2

Definition - A person intentionally or recklessly assaults another, thereby causing actual bodily harm

Question 3

Section 20 Offenses against the person act 1861 - Unlawful wounding/inflicting grievous bodily harm (GBH)

Triable either way

Maximum sentence - 5 Years imprisonment

Answer 3

Definition - Whosoever shall unlawfully and maliciously wound another person or to inflict grievous bodily harm upon another person

Question 4

Section 18 offenses against the person act 1861 - Wounding/causing grievous bodily harm with intent

Indictable offense

Maximum sentence - Life imprisonment

Answer 4

Definition - Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person

Question 5

Section 16 offenses against the person act 1861 - threats to kill

Triable either way

Maximum Sentence - 10 Years imprisonment

Answer 5

Definition - A person who without lawful excuse makes to another a threat, intening that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offense

Question 6

Section 1 Prevention of crime act 1953 - Possession of an offensive weapon

Triable either way

Maximum sentence - 4 years

Answer 6

Definition - Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has in any public place any offensive weapon shall be guilty of an offense

Question 7

Section 139(&139A)Criminal justice act 1988 - Possession of points and blades in a public place (or school premises)

Triable either way

Maximum sentence - 4 Years

Answer 7

Section 139 of the CJA prohibits having an article with blade or point, in a public place (Including a folding pocket knife if the cutting edge exceeds 7.62cm (3 Inches)

Section 139A extends geographical scope to school premises

Question 8

Section 91 Criminal Justice Act 1967 - Drunk and disorderly

Summary offense

Maximum Sentence - Fine

Answer 8

Definition - Any person who in any public place is guilty, while drunk, of disorderly behavior shall be liable on summary conviction to a fine not exceeding level 3 on standard scale