Modules 1-5 Flashcards
(187 cards)
What type of offence is assault & battery?
Summary
Name the legislation that makes assault & battery an offence (including by threat)
s39 Criminal Justice Act 1988
No serious injuries would be classed as which offence?
Common assault
Serious injury would be classed as which offence?
Actual Bodily Harm
Really serious injury would be classed as which offence?
Grievous Bodily Harm
Common assault (threat) main points (2)
- No physical contact
2. Victim believes they will be subject to immediate physical violence
Example of battery
Push / punch –> very minor or no perceivable injury
ABH legislation
s47 Offences Against the Person Act 1861
ABH main points (2)
- intentional & reckless - they don’t need to prove the suspect intended to cause injuries amounting to ABH
- ‘either way’ offence
GBH legislation (2)
s20 & s18 Offences Against the Person Act 1861
s20 Offences Against the Person Act 1861
- What does it deal with?
- How to complete it
- GBH
- Malicious or reckless - suspect must know their actions would result in some type of injury but doesn’t need to foresee the degree of injury
Examples of GBH
Wounding = broken bones with no layer of skin broken
Knowingly giving HIV
‘Really serious’ injury
What type of offence is GBH (s20)?
Either way
s18 Offences Against the Person Act 1861
wounding or CAUSING GBH with INTENT to do GBH // by resisting or preventing arrest
How might you prove intent in a GBH case?
Use of weapons
What type of offence is GBH with intent (s18)?
Indictment only
Threats to kill legislation
s16 Offences Against the Person Act 1861
What is necessary to complete a threat to kill offence?
Intent to be believed by the person who is being threatened / the person who they are telling the threat to
Use of violence of enter premises legislation
s6 Criminal Law Act 1977
Criminal Law Act 1967 section 3 - VERBATIM
A person may use such force as is reasonable in the circumstances in the prevention of crime,
or in effecting or assisting in the lawful arrest of offenders
or suspected offenders
or of persons unlawfully at large.
Police and Criminal Evidence Act 1984 section 113 - VERBATIM
Power of constable to use reasonable force.
Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,
the officer may use reasonable force, if necessary, in the exercise of the power.
Crimes that can be racially or religiously aggravated (4)
(CHAP)
- Criminal Damage
- Harassment
- Assaults
- Public Order
Criminal Damage legislation
Criminal Damage Act 1971
Standard criminal damage legislation and points to prove (3)
s1 Criminal Damage Act 1971 Points to prove: 1. Destroys or damages property 2. belonging to another 3. intending to destroy / being reckless as to whether such property would be damaged