|
In criminal law, a common assault is a crime when the defendant apprehends immediate use of unlawful violence or actually commits a battery. Under English law, the offence is now defined in section 39 of the Criminal Justice Act 1988. Image File history File links This is a lossless scalable vector image. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ...
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ...
The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ...
Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ...
For other uses, see concurrency. ...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
An inchoate offence is the crime of preparing for or seeking to commit another crime. ...
In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ...
In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ...
In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ...
For the law in other criminal jurisdictions, see diminished responsibility. ...
For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ...
The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ...
For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such an overwhelming urgency, that a person must be allowed to respond by breaking the law. ...
For an description of the general principles, see provocation (legal). ...
In English criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the physical integrity of themselves or others or to prevent any crime. ...
This article does not cite any references or sources. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ...
The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ...
Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company. ...
Harassment refers to a wide spectrum of offensive behavior. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. ...
The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence: Section 1: Riot Section 2: Violent Disorder Section 3: Affray Section 4: Fear or Provocation of Violence Section 4a: Intentional Harassment, Alarm or Distress Section 5: Harassment, Alarm or Distress...
Nuisance is a common law tort. ...
The Theft Act 1968 (1968 c. ...
A young waif steals a pair of boots “Stealing†redirects here. ...
Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ...
TWOC is an acronym standing for Taken Without Owners Consent. ...
For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
For other uses, see Blackmail (disambiguation). ...
For the turning characteristics of land vehicles, see Car handling. ...
The Theft Act 1978 supplemented the earlier deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
The Fraud Act 2006 (2006 c. ...
Computer crime, cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the source, tool, target, or place of a crime. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This article or section does not cite any references or sources. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
This article does not cite any references or sources. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
General principles
Assault is not defined under s.39 of the Criminal Justice Act (1988) as this remains under the common law in the case of Venna. However, the said act contains the maximum sentence (of which is 6 months imprisonment) and the type of offence (which is a summary offence).
Actus reus Both in the common law and under statute, the actus reus (Latin for "guilty act") of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. There must be some quality of reasonableness to the apprehension on the part of the victim. If the physical contact is everyday social behaviour such as a handshake or friendly pat on the back, this is acceptable even though the victim may have a phobia although, if the defendant is aware of the psychological difficulty, this may be converted into an assault if the intention is to exploit the condition and embarrass the victim. More generally, if the defendant threatens injury tomorrow, the victim has the opportunity to take avoiding action although this might form a “menace” within the meaning of s22 Theft Act 1968 for the purposes of blackmail. Thus, what is threatened must be capable of being carried out immediately. This would exclude a conditional threat. For example, if the defendant says that he would beat the living daylights out of you but for the presence of a police officer watching them both, the victim is supposed to understand that he or she is in no immediate danger. But inequality in size can be disregarded so if a very small person threatens a very large person and it is obvious that the risk of any real injury from this attack is remote, the large person may nevertheless feel some degree of apprehension. Normally, both the one making the threat and the victim must be physically present because, otherwise, there would be no immediate danger. However, if a mobile phone is used to transmit the threat (whether orally or by SMS) and, from the words used, the victim reasonably understands that an attack is imminent, this may constitute an assault. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...
The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ...
For other uses, see Latin (disambiguation). ...
For other uses, see Force (disambiguation). ...
For other uses, see Phobia (disambiguation). ...
The Theft Act 1968 (1968 c. ...
For other uses, see Blackmail (disambiguation). ...
SMS may refer to: Short message service, a form of text messaging on cell phones Sega Master System – an 8-bit video game console from the 1980s Seiner Majestät Schiff, His Majestys Ship in the German Kaiserliche Marine and the Austro-Hungarian Navy SMS (comics), a British comic...
Mens rea The mens rea (Latin for "guilty mind") is that this fear must have been caused either intentionally or recklessly. A battery is committed when the threatened force actually results in contact to the other and that contact was caused either intentionally or recklessly. This is usually a summary offence but, in some jurisdictions (e.g. in England and Wales where s40 Criminal Justice Act 1988 applies), it can be an additional charge on an indictment. The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
In the law of many common law jurisdictions, a summary offence (or summary offense) is an offence which can be tried without an indictment. ...
In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ...
Status of offence This is the least serious assault and, under s11 Domestic Violence Crime and Victims Act 2004, a common assault can be an alternative verdict to more serious offences of assault. In real terms, the degree of fear or the level of injury required for a conviction can be slight. Thus, even the most trivial of injuries can be a battery, whether as a scratch or bruise, so long as the contact can be proved. The distinction between common assault and actual bodily harm (ABH) under s47 Offences Against The Person Act 1861 (OAP), lies in the degree of injury that results. ABH is more than “transitory” but less than “really serious injury” which is the definition of grievous bodily harm under ss18 and 20 OAP Act 1861. A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ...
Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ...
Assault on a constable The fact that the victim is a police officer is not, in itself, an aggravating factor which would justify more serious charge. The criteria for a charge under under s47 OAP Act 1861 do not distinguish between members of the public and police officers as the victim. Under s89(1) Police Act 1996, it is an offence for a person to assault either: - a constable acting in the execution of his or her duty; or
- a person assisting a constable in the execution of his or her duty.
This is a summary only offence which carries a maximum penalty of six months' imprisonment and/or a fine. According to R (Fullard) v Woking Magistrates' Court (2005) EWHC 2922 (Admin) a constable cannot be acting in the execution of his or her duty when unlawfully on private property. Thus, if the officer is not acting under the authority of a warrant, acting under a statutory or common law power of entry, or in hot pursuit, the person lawfully in possession of land is entitled to withdraw permission for the officer to remain. Should the officer refuse to leave, the officer will cease to be "acting in the execution of his or her duty". To make an effective withdrawal of permission, clear words must be used. Merely directing offensive remarks at the officer which amount to 'go away' will not necessarily withdraw any implied permission to enter or remain. Further, when properly required to leave, the officer must be allowed a reasonable opportunity to leave. However, once the opportunity to leave voluntarily has passed, it will not be an assault for the land owner to use reasonable force to cause the officer to leave.
However, motive may aggravate when the purpose of the assault is an intent to resist or prevent lawful arrest. Under s38 OAP Act 1861, this is a hybrid offence, which carries a maximum penalty on indictment of two years' imprisonment and/or an unlimited fine. This offence may also be used for assaults on store detectives or members of the public exercising a right to apprehend or detain an alleged offender committing an arrestable offence.
|
Feeds |
Contact