This isn't related to my academic study it's just a question that I believe the regular contributors to this forum may be able to answer.
In the event that an assault occurs and the assailant uses a weapon is, it assumed that they have pre-meditated the attack? I ask because in the sentencing guidelines for AOABH (it may be the same for similar offences against the person I've just not checked) there is no category for 'spontaneous attack with a weapon' only 'pre-meditated assault with a weapon'.
I can understand why this might be the case; I assume that the law would see the process of picking up the weapon, using the vehicle etc. as the pre-meditation) but I was just wondering if it was the case.
Pre-meditated assault when using a weapon Watch
- Thread Starter
- 24-12-2010 16:54
- 24-12-2010 21:35
I doubt it would be seen as the same because your intention would be less so your culpability is smaller. But having a weapon at all is a pretty big aggravating factor so that would balance it out and the harm is the same. So it would probably mitigate the sentence a bit but not by a huge amount.