Assaults

Question 1

State the scale of assaults in assending order

Answer 1

1. Common Assault Section 39 CJA 1988
2. A.B.H section 47 OAP 1861
3. G.B.H Section 20 OAP Act 1861
4. G.B.H Section 18 OAP Act 1861
5. Homicide, Murder, Manslaughter

Question 2

Define a common assault

Answer 2

Any act which a person intentionally or recklessly
Causes another person to apprehend Immediate and unlawful personal violence

Question 3

Explain the points to prove for a common assault

Answer 3

1. Any act – The act could be words in a letter, or a telephone call including threatening silences . No contact is required.
2. Intentionally – A deliberate or purposeful act.
3. Recklessly – Being aware of the existence of risk but nonetheless had gone on and taken it.
4. Apprehend – The action of the suspect leaves the victim
   in no doubt of what he is about to face. To apprehend is to anticipate or fear a certain act or consequence.
5. Immediate – Not necessary instantaneous but within a minute or two.
6. Unlawful – It is the act of putting someone in fear rather
   than the injury that must be intended.
7. Personal violence – The person should fear a violent act being committed against him.

Question 4

Define battery

Answer 4

A person is guilty of battery if they intentionally or recklessly apply unlawful force on another person

Battery is a common assault by beating

Question 5

State injuries consistent with battery

Answer 5

• Minor bruising or swelling e.g. black eye
• Grazes
• Scratches
• Abrasions
• Swellings
• Reddening of the skin
• Superficial cuts

Question 6

Explain some defences for an assault

Answer 6

• Consent - Being tattooed, having a piercing, or medical operation, lawful sports.
• Self defence - A person may defend themselves or close relative, in some cases this may include property. Self defence will not cover situations where assailants run after the person who has ceased the initial attack and then assaulted them.
• Lawful right or duty - The police can use reasonable force under S3 criminal law act 1967, S117 PACE 1984 and common law.

Question 7

Define Section 47 Offences Against the Person Act 1861 (ABH)

Answer 7

A person is guilty of an offence if he intentionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm

Question 8

Describe ABH

Answer 8

Any hurt or injury calculated to interfere with a person’s health or
comfort & includes physical harm or shock & mental injury

Question 9

State injuries consistent with ABH

Answer 9

• Loss or breaking of a tooth.
• Temporary loss of sensory functions.
• Extensive or multiple bruising.
• Minor fractures and cuts requiring stitches

Question 10

Explain the points to prove for Section 20
O.A.P.A 1861 (GBH)

Answer 10

1. Unlawfully -without lawful justification.
2. Maliciously - The defendant must realise that there is a risk of some harm being caused to the victim.
3. wounding - The breaking of the whole skin.
4. Inflict - must be shown that the behaviour of the defendant brought about the resulting harm

Question 11

Define Section 18 O.A.P.A 1861 (GBH with intent)

Answer 11

Whosoever shall unlawfully & maliciously by any means whatsoever wound or cause any 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 shall be guilty of an offence

Question 12

Define Section 20 O.A.P.A 1861 (GBH)

Answer 12

Whosoever shall unlawfully & maliciously wound or inflict any grievous bodily harm upon any other person.
Either with or without any weapon or instrument shall be guilty
of an offence