ASSAULTS

ASSAULTS

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

Resource summary

	Created by Laura Parsons over 10 years ago