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Old 17-06-2006, 06:52 PM #18
booty-full booty-full is offline
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booty-full booty-full is offline
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Join Date: Jun 2006
Posts: 214
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Hey guys ----- not a lawyer but a 2nd year Law student. Technically what Grace did IS a criminal offence and it IS ASSAULT!!

Unfortunately the layman believes assault to involve permanent harm when in actual fact this is not the case at all!!!!

The throwing of water seems to be a common technical assault - a section 39 offence. There are 2 types of assault under this heading;common assault and battery. Common Assault is merely where the victim FEARS IMMINENT FORCE, whereas a battery can be A MERE TOUCH!! Therefore the throwing of water and the contact with Suzie could amount to a battery - there is a famous case involving a police officer who was spat on and this amounted to a battery despite the fact that it did not cause her harm.
The water WAS thrown maliciously.

The types of assault that you guys are mistaking for the only kind of assault are:
section 49 Actual Bodily Harm which is where the skin is broken or severe bruising
section 21 Grievous Bodily Harm which is more serious as a broken bone for example i.e. kicking someone in the head, breaking ribs etc street fights. This is done recklessly and without intent
Section 18 Grievous Bodily Harm which is the same type of harm as above however performed with intent. To prove that a person intended section 18 GBH is enough to convict them of murder if the person dies

HOPE THIS CLEARS ALL OF THE MESS UP!!! Obviously cases can be dropped through lack of evidence or if the person does not wish to press charges. The police may also choose to charge a person with a lesser offence i.e. someone that has committed GBH section 21 could have it lessened to section 49 ABH if the crown prosecution service thought that a conviction was more likely under this heading.

I believe the maximum sentence for Common technical assault (i.e. common assault or battery) to be 6 months


Oh Science and Maxwell...... the case would be the same here
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