A2 G153 - Non- Fatal offences Against the Persons 0.0 / 5 ? Lawspecial studyA2/A-levelOCR Created by: Jess DixonCreated on: 24-04-17 13:00 What are the five main categories of offences? (least serious to most) 1) Common Assault - Assault. 2) Common Assault - Battery. 3) S.47 Assault Occasioning ABH. 4) S.20 Malicious wounding/ inflicting GBH. 5) S.18 Wounding/ causing GBH with intent 1 of 12 What does S.39 of the Criminal Justice Act 1988 say? Sets out the maximum punishment for common assault. 2 of 12 What is the maximum punishment for common assault? 6 months imprisonment and/or a fine of £5000. 3 of 12 What case does the definition of Assault come from? And what is the definition? Fagan - Intentionally/ Recklessly causing V to apprehend immediate unlawful personal violence. 4 of 12 What's the principle form the case of 'Fagan'? Definition of assault. 5 of 12 What is the Actus Reus of assault? V must apprehend; immediate, unlawful and personal violence. 6 of 12 "Apprehend": Principle from the case of 'LOGDON'. (D showing off a gun (not real), V got scared) V doesn't have to be in real danger, just as long as they APPREHEND that violence may be used. 7 of 12 "conduct or words": The principle from the case of 'CONSTANZA'. (Hate campaign on an ex colleague, suffered clinical depression.) Words can amount to an assault. 8 of 12 *Special Study Case* Principle from 'IRELAND' (Silent phone calls to three different women.) Court held that 'immediate' could mean 'in a minute or two'. 9 of 12 "Words could also cancel an assault": Principle from 'Tuberville v Savage' (D put hand on V's sword). Words may negate a threat of violence (Cancel). 10 of 12 Principle from 'LIGHT' (Raised a sword above wife's head). Despite D's words, V was not sure of his intentions so still feared violence. 11 of 12 "Immediate": Principle from 'SMITH V WOKING POLICE' (D peered through window of a woman's house.) Immediate could mean 'in a minute or two' and D didn't know what was going to happen next. 12 of 12
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