2.7 Non-fatal Offences Against The Person Flashcards
What is an assault?
Any act which intentionally or recklessly causes another to apprehend immediate unlawful violence
What does conditional threats do?
They negate the assault as there is a condition meaning it will not be immediately
What is battery?
When a person intentionally or recklessly INFLICTS unlawful force on another
What act allows teachers to use reason force in all British schools?
548 of the Education Act
When is 58 of The children’s act allowed to be used?
It is the defence which parents can use when they are acting in LOCO PARENTIS. Eg, punishing their child UNDER 18
BUt it is only avail for common assault… they must not cause anything beyond reddening of the skin
When does assault on emergency workers apply?
When a person is acting in the exercise of functions as an emergency worker
Who is classed as an emergency worker?
A constable A NCA officer A prison officer NHS Fire
What injuries are classed as S47?
Physiological harm amounting to more than just emotions
Loss of consciousness
Change in hair
Broken nose
S20 Offences against a person?
Unlawfully and maliciously wound or inflict GBH on any person
What does the defendant need to foresee in S20
That their actions may bring about some harm to the victim.
The degree of harm doesn’t need to be foreseen
What injuries are included under wounding?
A cut which breaks all the layers of a persons skin Breaks of bones Loss of sight Substantial loss of blood HIV Genital herpes
S18 Offences against a person
Unlawfully and maliciously cause GBH
with the intention to do so
Or
With intent to resist/prevent the lawful apprehension of any person
How can intent be demonstrated for S18?
A repeated or planned attack
Deliberate selection of a weapon
Threats
Attacks on head
How does consent impact S18 and S20 in regards to STIs?
The consent of the complainant does not amount to a defence for S18
If injuries are caused with a vehicle then they can be prosecuted for both offence?
Yeah GBH and dangerous driving
