ASSAULTS

ASSAULTS

1. Common Assault

   • s39 Criminal Justice Act 1988
     • Points to Prove
       • Unlawfully assaulted another person (Assault)
       • Unlawfully assaulted another person with the application of force (Battery)
   • Summary only offence - max 6 months

2. Actual Bodily Harm

   • Whosoever shall be convicted upon an indictment of any assault occasioning ABH shall be guilty of an offence
   • s47 Offences Against the Person Act 1861
   • 'any hurt which interferes with health or comfort but not to a considerable degree'
   • Defences
     • Consent - tattooing or life saving surgery
     • Accident (as long as no malice)
     • Lawful sport
     • Lawful correction
     • Self-defence
   • Either-way
     • Crown - max 5 years

3. Assault Police

   • s89 (1) Police Act 1996
     • Any person who resists or wilfully obstructs a constable in the execution of his duty or a person assisting a constable in the execution of his duty shall be guilty of an offence
   • Summary only

4. Wounding/GBH

   • s20 Offences Against the Person Act 1861
   • Unlawfully and maliciously wound or inflict any GBH on any other person either with or without any weapon
   • Points to prove
     • unlawfully
     • Maliciously
     • Wounded or inflicted GBH
       • Wound - break continuity of skin: GBH - serious harm
     • Upon another person
   • Either - way (Max 5 yrs)
   • WITH INTENT s18 - Indictable only (max LIFE)

5. Docterine of Transferred Malice