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ASSAULTS

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Mind Map on ASSAULTS, created by Laura Parsons on 16/09/2014.
Laura Parsons
Mind Map by Laura Parsons, updated more than 1 year ago
Laura Parsons
Created by Laura Parsons over 11 years ago
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Resource summary

ASSAULTS
  1. Common Assault
    1. s39 Criminal Justice Act 1988
      1. Points to Prove
        1. Unlawfully assaulted another person (Assault)
          1. Unlawfully assaulted another person with the application of force (Battery)
        2. Summary only offence - max 6 months
        3. Actual Bodily Harm
          1. Whosoever shall be convicted upon an indictment of any assault occasioning ABH shall be guilty of an offence
            1. s47 Offences Against the Person Act 1861
              1. 'any hurt which interferes with health or comfort but not to a considerable degree'
                1. Defences
                  1. Consent - tattooing or life saving surgery
                    1. Accident (as long as no malice)
                      1. Lawful sport
                        1. Lawful correction
                          1. Self-defence
                          2. Either-way
                            1. Crown - max 5 years
                          3. Assault Police
                            1. s89 (1) Police Act 1996
                              1. 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
                              2. Summary only
                              3. Wounding/GBH
                                1. s20 Offences Against the Person Act 1861
                                  1. Unlawfully and maliciously wound or inflict any GBH on any other person either with or without any weapon
                                    1. Points to prove
                                      1. unlawfully
                                        1. Maliciously
                                          1. Wounded or inflicted GBH
                                            1. Wound - break continuity of skin: GBH - serious harm
                                            2. Upon another person
                                            3. Either - way (Max 5 yrs)
                                              1. WITH INTENT s18 - Indictable only (max LIFE)
                                              2. Docterine of Transferred Malice
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