Violence And Weapons Leg Flashcards
Breach of the peace
“Is committed whenever harm is done, or likely to be done to a person, or, in his presense to his property, or, whenever a person is in fear of being harmed through an assult, riot or other disturbance”
Common Assult/Battery
S39 Criminal Justice Act 1988
Assult- belief of harm
Battery- assult by beating
“An assult 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 intentionall or recklessl applies unlawful force to another”
Summary Offence- max 6 months
Assult Occasioning Actual Bodily Harm (ABH)
S46 Offences Against the Persons Act 1861
“A person intentionally or recklessly assults another, thereby causing Actual Bodily Harm”
Unlawful Wounding/Inflicting Grievous Bodily Harm (GBH)
S20 Offences Against the Persons Act 1861
“Whoever shall unlawfully and maliciously wound another person or to inflict grievous bodily harm upon another person”
Wounding/causin GBH with Intent
S18 offences Agains the Persons Act 1861
The intent makes S18 different from S20, not matter the gravity of the injury resulting.
“Whoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievious bodily harm to any person, or with intent to resis or prevent the lawful apprehension or deainer of any person”
Threats to Kill
S16 Offences Against the Persons Act 1861
“A person who without lawful excuse makes to another a threat, intending hat that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence”
Not necessary the intention to kill but there has to be an intent that the person to whom the threat was issued to would fear it would be carried out
Possession of an Offensive Weapon
S1 The Prevention of Crime Act 1953
“Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence”
Prove the mens rea/ intent
Possession of Points and Blades in a Public Place (or school premesis)
S139 Criminal Justice Act 1988
Prohibits having an article with a blade or point in a public place unless good reason (use for work, religious, costume, lawful authority)
S139A extends to school grounds
Drunk and Disorderly
S91 Criminal Justice Act 1967
“Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”
Public place- anywhere permitted to public
Proving drunkenness- their condition
Conduct- low level offence
Welfare of the offender- medical emergency
