Offences Against the Person Flashcards

1
Q

What year was the Offences Against the Person Act?

A

1861

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2
Q

What are the four categories of offences against the person?

A

Common assault
Actual bodily harm
Grievous bodily harm
GBH with intent

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3
Q

Section 39 Criminal Justice Act 1988

A

Common assault

Common assault and battery

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4
Q

What is common assault?

A

Any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence or intentionally or recklessly applies unlawful force on another

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5
Q

What is common assault by battery?

A

When a common assault occurs and physical contact is made, however slight the force

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6
Q

Section 47 Offences Against the Person Act

A

Actual Bodily Harm (ABH)

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7
Q

Define ABH

A

Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim

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8
Q

What distinguishes ABH from common assault by battery?P

A

The severity of the injury only

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9
Q

What types of injuries can ABH result in?

A

Physical

Psychological

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10
Q

Section 20 Offences Against the Person Act

A

GBH

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11
Q

Define GBH

A

Most severe form of assault, in which significant harm is caused to a victim, resulting in substantial physical or psychiatric damage

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12
Q

Section 18 Offences Against the Person Act

A

GBH with intent

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13
Q

Define GBH with intent

A

The intention to wound or cause grievous bodily harm, or to resist or prevent arrest

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14
Q

What do you need to prove the offence of GBH?

A

Evidence of the suspect’s intention to inflict GBH

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15
Q

Section 28 Crime and Disorder Act 1998

A

Racially or religiously aggravated offences

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16
Q

Sentencing for common assault by battery

A

Summary only

6 months and / or unlimited fine

17
Q

Sentencing for ABH

A

Either way

5 years and / or unlimited fine

18
Q

Sentencing for GBH

A

Indictable only

Max 5 years and / or unlimited fine

19
Q

Sentencing for GBH with intent

A

Indictable only

Max life imprisonment

20
Q

Sentencing for aggravated common assault

A

Either way

Max 2 years and / or fine

21
Q

Sentencing for aggravated ABH

A

Max 7 years

22
Q

Sentencing for aggravated GBH

A

Max 7 years