Assaults

Question 1

What is the definition of assault?

Answer 1

There is no legal definition - it is defined in case law R v Brown 1993.

Any act which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

Question 2

What are the two possible offences under section 39 criminal justice act 1988

Answer 2

Common assault

Assault by beating (battery) - a person is guilty of battery if they intentionally and recklessly apply unlawful force on another person

Question 3

What defences are there for assault?

Answer 3

Consent

Self defence

Reasonable chastisement

Execution in the lawful right of duty

Question 4

Define section 47 OAP act 1861

Answer 4

ABH

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

Question 5

Define Section 20 OAP act 1861

Answer 5

GBH

Whosoever shall unlawfully and 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

Question 6

Define section 18 OAP act 1861

Answer 6

GBH with Intent

Whosoever shall unlawfully and 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 7

Define section 24 OAP act 1861

Answer 7

Whosoever shall unlawfully and maliciously administer or cause to be administered to or taken by any other person any poisson or other destructive or noxious thing, with intent to injure, aggrieve, or annoy such person shall be guilty of an offence

Question 8

Define section 89(1) police act 1996

Answer 8

ASSAULT POLICE

it is an offence for any person to: assault or resist a police officer or any person assisting the officer in the lawful execution of his duty

Question 9

Define section 89(2) police act 1996

Answer 9

OBSTRUCT POLICE

It is an offence for any person to: willfully obstruct a police officer or any person assisting the officer in the lawful execution of his duty

Question 10

Define section 38 OAP act 1861

Answer 10

It is an offence to: assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person

Question 11

Define assaults on emergency workers act 2018

Answer 11

This act provides that when the offence of common assault or battery is committed against an emergency worker, acting in the exercise of his functions as such a worker, the offence shall be triable either way as such, carry a higher penalty