Day eleven Flashcards
(23 cards)
section 18 offences against the persons act
wounding/inflicting GBH with intent
section 20 offences against the persons act
wounding/inflicting GBH
section 47 offences against the persons act
assault occasioning ABH
section 39 criminal justice act 1988
common assault and battery
assault
any act which defendant intentionally or recklessly causes victim to apprehend immediate unlawful force
negated threat
could never be assault
“ i would punch you but…”
conditional threat
can still be assault
“shut up and i won’t hurt you”
battery
any act which defendant intentionally or recklessly inflicts unlawful force upon the victim without consent - does not have to be direct
transferred malice
wanted to hit ‘A’ with a stone but A moves and the stone hits B - you are just as guilty of the crime
self defence
defence of self, another, crime prevention
self defence acts
section 76 criminal justice and immigration act 2008
section 3 criminal law act 1967
self defence test
1) genuine belief necessary to defend
2) force used reasonable in circumstances
self defence principles
can justify pre-emptive strike
no duty to retreat
can be mistaken if not heavily intoxicated
householders can use disproportionate force but not grossly disproportionate
applicable situations for consent
tattoo and branding
sports
horseplay
vigorous sexual activity
surgery
actual bodily harm
whosoever shall be convicted upon an indictment of any assault occasioning ABH shall be liable
section 47 OAPA
triable either way
no direct contact needed
grievous bodily harm
section 20
unlawful and malicious wounding, unlawful malicious inflicting of GBH
does not have to be life threatening, dangerous or permanent
STI’s included - HIV/AIDS, herpes
know there is a risk but continue to do it anyway
grievous bodily harm
section 18
only difference to section 20 is mens rea - either intention to cause wound or serious harm or intended to resist arrest and have caused wound or serious harm
indictable only max life in prison
sometimes so drunk cannot prove their intent and therefore cannot be a s20
offences against the police 1
assault a constable in execution of their duty
sect 39 police act 1996
summary only
offences against the police 2
obstruct a constable in execution of their duty
have to know they are doing it
sect 39 police act 1996
summary only
offences against the police 3
assault with intent to resist arrest
triable either way
maximum 2 year sentence
OAPA 1861
offences against the police 4
assault on an emergency worker
triable either way
max sentence 12 months or fine
assault on emergency workers act 2018
CJA 1988
managing assault and conflict resolution
Listen
Empathise
Ask questions
Paraphrase
Summarise
priorities 1st on scene
preservation of life, evidence, victim, location, offender, cross contamination
