Violent Offences

Choking, Suffocation or Strangulation – s 37 of the Crimes Act.  (SI)

The offence is differentiated as follows: the gravity of the offence is increased where a person is rendered ‘unconscious, insensible or incapable of resistance.’ If this did not occur, then lowest form of the offence has been committed.

Riot – s 93B of the Crimes Act 1900

Section 93B of the Crimes Act 1900 provides that where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety

Violent Disorder – Section 11A of the Summary Offences Act 1988

Section 11A of the Summary Offences Act 1988 provides that a person who: if 3 or more persons who are present together use or threaten unlawful violence and the conduct of them is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence.

Affray – Section 93C  of the Crimes Act 1900

Section 93C of the Crimes Act 1900 provides that a person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray.

Grievous Bodily Harm with Intent – Section 33 of the Crimes Act 1900

Wounding with intent – section 33 of the Crimes Act 1900

Section 33 of the Crimes Act 1900 provides that a person who: wounds a person, or causes grievous bodily harm to any person with intent to cause grievous bodily harm to that or any other person is guilty of an offence.

Reckless Wounding – sections 35(3) and 35(4) of the Crimes Act 1900

Section 35(4) of the Crimes Act 1900 provides that a person who: wounds a person, and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Reckless Grievous Bodily Harm -sections 35(1) and 35(2) of the Crimes Act 1900

Section 35(2) of the Crimes Act 1900 provides that a person who causes: causes grievous bodily harm to any person, and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Assault Occasioning Actual Bodily Harm

AOABH is defined as a ‘hurt or injury that interferes with the health or comfort of the person assaulted’. The act causes that person to apprehend immediate and unlawful violence, and there is actual bodily harm sustained to that person.

Common Assault

Common Assault is a physical or non-physical actthat causes another person to apprehend immediate and unlawful violence, even if there is no intention to cause such a response. Being reckless to the act at a law is enough to attract a charge of common assault.