NON FATAL OFFENCES

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Assault
Section 39 of the Criminal Justice Act 1988 provides that assault is a summary offence with a maximum sentence of 6 months imprisonment or a fine. It is a Judge made law. CASE: R v Venna (1976).
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Assault
•The victim must fear immediate threat or harm, not some time in the future. CASE: Smith v Chief Superintendent, working police station (1983).
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Battery
•Section 39 of the Criminal Justice Act 1988 provides that battery is a summary offence punishable by up to 6 months imprisonment or fine. It is a common law offence.
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Battery
•An ommission can amount to the Actus Reus of battery.
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ABH S.47
•Section 47 of the offence against the person Act 1861 states that an offence to commit 'any assult occasioning actual bodily harm' The offence is triable either way and carries a sentence of 5 years imprisonment.
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GBH S.20
•Unlawfully or maliciously wounding or inflicting GBH. In DPP v Smith (1961) the house of lords emphasised that GBH should be given its ordinary meaning which is 'really serious harm'. This was confirmed in R v Saunders (1985) where the court of Appe
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GBH S.20
•This GBH is described by the word 'maliciously', there is no need to intend GBH or wounding, or to be reckless as to whether GBH or wounding might be caused.
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GBH S.18
•This is similar to s.20 for GBH and requires proof of either GBH or wounding.
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Other cards in this set

Card 2

Front

•The victim must fear immediate threat or harm, not some time in the future. CASE: Smith v Chief Superintendent, working police station (1983).

Back

Assault

Card 3

Front

•Section 39 of the Criminal Justice Act 1988 provides that battery is a summary offence punishable by up to 6 months imprisonment or fine. It is a common law offence.

Back

Preview of the back of card 3

Card 4

Front

•An ommission can amount to the Actus Reus of battery.

Back

Preview of the back of card 4

Card 5

Front

•Section 47 of the offence against the person Act 1861 states that an offence to commit 'any assult occasioning actual bodily harm' The offence is triable either way and carries a sentence of 5 years imprisonment.

Back

Preview of the back of card 5
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