What is assault?
Does not involve physical contact, an act indicating intention to use unlawful violence against another. Victim had a honest belief they would have been hit.
What is ABH?
- This offence is committed when a person assaults another, thereby causing actual bodily harm to that other person
- ABH means ‘any hurt which interferes with the health or comfort but not to a considerable degree’
Such hurt needs not to be permeant
Signs of Common Assault and Battery?
- Grazes
- Scratches
- Abrasions
- (Minor) swellings
- Reddening of the skin
- Superficial cuts
- A black eye
Signs of ABH?
- Loss or breaking of tooth
- Extensive or multiple bruising
- Displaced broken nose
- Minor fracture
Defences to Assault - GOSCRAM?
G - Game or Sport
O - Operation
S - Self defence
C - Consent
R - Reasonable force
A - Accident
M - Moderate correction
Manslaughter can be conducted in what 3 ways?
Manslaughter:
1) Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished responsibility or killing pursuant to a suicide pact.
2) Conduct that was grossly negligent (employer providing insufficient PPE to an employer to do a job, i.e. fixing telephone wire) giving the risk of death, and did kill.
3) Conduct taking the form of an unlawful act involving a danger of some harm that resulted in death
What is attempted murder?
In contrast to the offence of murder, attempted murder requires the existence of an intention to kill.
