Serious Crime and Other Offences - Offences Against the Person

Question 1

What is the definition of an assault?

Answer 1

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

Question 2

What is the definition of a battery?

Answer 2

When a person intentionally or recklessly inflicts unlawful force on another

(Actually inflicting the force)

Question 3

What are the defences for assault?

Answer 3

• consent
• lawful chastisement
• self defence
• legal right

Question 4

Examples of consent as a defence/ not a defence to assault

Answer 4

• can consent to a certain degree of force
• r v donovan - husband branding his initials on his wife with her consent was not assault
• r v brown - group of men consenting to have their scrotums nailed to a table by their peers was assault
  Invalid consent- age of consent

Question 5

What are the police’s legal rights to assault?

Answer 5

• s.3 Criminal Law Act 1967 - right to use reasonable force when arresting
• s.117 PACE 1984 - use force when exercising PACE powers
• s.76 of the Criminal Justice and Immigration Act 2008 - pre emptive strike

Question 6

What legislation is used for common assault and battery?

Answer 6

s.39 CJA 1998

Question 7

What type of offence is common assault and battery?

Answer 7

Summary only offence

Question 8

Is it enough to fear force for a common assault and battery charge?

Answer 8

Yes

Question 9

What is the legislation for actual bodily harm?

Answer 9

s.47 Offences Against the Person Act 1861

Question 10

How can you determine whether an offence is actual bodily harm?

Answer 10

• any harm which interferes with the health or comfort of the victim
• the harm need not be permanent but must be more than transient or trifling
• e.g. minor fractures, small cuts, shock or mental injury, multiple bruises, missing teeth, reddening

Question 11

What is the legislation for grievous bodily harm?

Answer 11

s.20 Offences Against the Person Act 1861 (wounding without intent)
s.18 Offences Against the Person Act 1861 (wounding with intent)

Question 12

What is the definition of GBH wounding without intent in accordance with s.20 Offences Against the Person Act 1861?

Answer 12

Unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without weapon / instrument

Question 13

What is the definition of GBH wounding with intent in accordance with s.18 Offences Against the Person Act 1861?

Answer 13

Unlawfully or maliciously wound or cause any GBH to any person with intent to do some GBH to any person (or with intent to resist or prevent the lawful apprehension or detention of any person)

Question 14

What are examples of GBH?

Answer 14

Broken bone, permanent disability, visible disfigurement, lengthy hospital treatment, blood transfusion

Question 15

Can you consent to GBH?

Answer 15

No

Question 16

Can words negate an assault?

Answer 16

• yes if a conditional threat is made, e.g. if these officers weren’t here i’d chin you (this is a hypothetical threat)
• however, this is contrasted with where the defendant makes an immediate threat conditional on real circumstances, e.g. if you don’t cross the road, I’ll break your neck - this can amount to an assault

Question 17

Does an Assault with Intent to Resist Arrest have to happen against a police officer?

Answer 17

No - this can involve a member of public executing their common law powers of arrest - however, the arrest must be lawful

Question 18

Can you be charged with threats to kill if the threat is made against an unborn baby?

Answer 18

If the threat is made to kill the baby before it is born then you cannot be charged with this

however, if the threat is made to kill the baby after it is born then you can

Question 19

Threats to Kill

Answer 19

• without lawful excuse makes to another a threat
• intending that that the person receiving it would fear it would be carried out
• to kill that other or a third person
• immaterial if the threat to kill is a to kill another in the future
• immaterial that the person to whom the threat is directed does not believe the threat
• threat can be made via a third party

Question 20

Assaults on Emergency Workers (Offences) Act 2018

Answer 20

• there is no statutory definition for acting in the exercise of functions as an emergency worker
• however, the act does not require the worker to have been acting in the circumstances of an emergency, but it does require them to be performing activities forming part of their role as an emergency worker