Common Assault
Common Assault and Battery,are summary
offences,which means that the offence may
only be tried in a Magistrates' Court.
If a person is found guilty,a maximum penalty
not exceeding,six months imprisonment or a
fine not exceeding £5,000
The term 'Common Assault' is used to
describe,both an 'assault' and 'Battery'
There is often confusion between the two
offences,as they are both separate offences.
COMMON ASSAULT,
is contrary to the Criminal Justice Act 1988 s39
BATTERY,
is contrary to Criminal Justice Act 1988 s39
however,an offence of Common assault
(to include Battery) may be tried on
indictment,that is the 'CROWN COURT'
DEFINITION of COMMON ASSAULT.
This is any act,by which a person intentionally
or recklessly,causes another to apprehend
immediate unlawful violence.
Such an act,must be with the intent being
calculated in that person's mind,to cause
apprehension or fear in the mind of the victim.
ACTUAL BODILY HARM (ABH)
ASSAULT OCCASIONING ACTUAL BODILY
HARM (AOABH) aka
(Grievous Bodily Harm) (GBH)
DEFINITION of BATTERY.
When assault is included to the
term 'battery' this is defined as
an act,whereby a person intentionally or recklessly causes
the other person to apprehend
immediate unlawful personal violence or
sustained unlawful personal violence
A Battery is the application of
unlawfulness ie 'slap/spit' at
someone.
An Assault,is when someone
makes,another person fear the
use of immediate force against
them ie
a raised fist,running a finger
across a throat,
physical contact is not necessary
for common assault to take place
DEFINITION or RECKLESSNESS
This is Common Assault,which
involves the FORESIGHT of
the POSSIBILITY,that a person
would fear immediate and
unlawful violence,and
that the person 'takes the risk'
of doing the act.
It is basically 'taking the risk'
that is being reckless.
ACTUAL BODILY HARM (ABH)
is a criminal offence in the
Offences Against the Person
Act 1861 s47
It involves,assault of battery
causing actual physical harm
to the victim
The harm does not have to be
serious,but must involve more
than a shove to sustain a charge
of (ABH)
(ABH) only requires an intention
to apply unlawful force to someone
not an intention,to cause (ABH)
Wood v DPP [2008] EWHC 1056
(Admin),QBD
In this case,a Police Officer,
without any intention to arrest,
grabbed a person's arm to stop
them walking away,to question
them about an incident at a
public house.
.
Where a Police Officer restrains
someone,but does not at the time
intend to arrest him/her,
that Police Officer,risks committing
an assault,even if an arrest at a
later time,would have been justified.
it was held,that his actions
amounted to an unlawful assault.
