Assault

Question 1

What is an assault

Answer 1

This is any act which intentionally or recklessly causes another to apprehend immediate unlawful violence. The victim must be in fear of that violence

Question 2

Section 39 assault
CJA 1988

Answer 2

An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence

Question 3

What type of injuries are for a section 39 assault

Answer 3

Grazes
Scratches
Abrasions
Minor bruising
Swellings
Redding
Superficial cuts

Question 4

Section 47 ABH

Answer 4

The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm

Question 5

Type of injuries for a S47 ABH

Answer 5

Extensive or multiple bruising.
Cuts and slashes that are not superficial but less severe than wounding.
Temporary loss of consciousness or sensory functions

Question 6

Section 20 wounding or inflicting grievous bodily harm

Answer 6

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument

Question 7

What does maliciously mean

Answer 7

It means the defendant must realise there is a risk of some harm being caused to the victim but took the risk anyway

Question 8

What does it mean by wounding

Answer 8

It requires breaking of the continuity of the whole of the skin or inner skin ie cheek or lip. It does not include bruising.

Question 9

An offence under Section 18 may take one of four different forms namely;

Answer 9

Wounding with intent to do GBH

Causing GBH with intent to do so

Maliciously wounding with intent to resist or prevent the lawful apprehension of any person

Maliciously causing GBH with intent to resist or prevent the lawful apprehension of any person

Question 10

What factors may indicate specific intent for a S18

Answer 10

A repeated or planned attack
Deliberate selection of weapon or adaptation of an article ie breaking glass to use as a weapon
Making prior threats
Using an offensive weapon

Question 11

Obstructing a police officer
Police act 1996 S89

Answer 11

Any person who resists or wilfully obstructs a constable in the execution of his duty or a person assisting a constable in the execution of his duty shall be guilty of

Question 12

What does it mean by obstruction

Answer 12

Deliberately providing misleading information, deliberately drinking alcohol before a specimen breath, tipping people off who were about to commit an offence, warning drivers of a speed check operation however they must be actually committing or about to commit the offence

Question 13

Threats to kill S16
Offences against the person act 1861

Answer 13

A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence

Question 14

Affray

Answer 14

A person is guilty of affray If he uses or threatens unlawful violence towards another and his conduct is such would cause a person of reasonable firmness present at the scene to fear for his safety

Question 15

Threats of violence for an affray

Answer 15

These cannot be made by words alone there must be some sort of action or gesture ie shaking a fist, using a dog to growl or bark at someone

Question 16

Where can an affray take place

Answer 16

In public and in private place

Question 17

Examples of affray

Answer 17

Fight between 2 or more people in a place where members of public or presence, level of violence cause concern
Throwing objects to a group of people
Wielding of a weapon