Common Assault

• What are assault and battery collectively referred to as?

  Common assault
• What distinguishes assault from battery?

  Assault is the threat of contact, while battery is actual contact
• Under which act are assault and battery charged separately?

  1. 39 Criminal Justice Act 1988
• Does s.39 Criminal Justice Act 1988 provide definitions for assault or battery?

  No, definitions are provided by common law
• What does s.39 Criminal Justice Act 1988 recognize regarding assault and battery?

  It recognizes their existence as summary offences and provides sentencing guidelines
• Are there any injuries required for an assault or battery charge?

  No, there are no injuries required
• What minor injuries may be charged as battery?

  Minor bruising or red marks
• What is the actus reus of assault?

  An act causing the victim to apprehend immediate unlawful force
• What happens if the victim does not apprehend force?

  There is no assault
• What forms can the actus reus of assault take?

  It can be an act, words, actions, or silence
• Can conditional threats be considered assault?

  Sometimes, but it depends on the circumstances
• What is the mens rea for assault?

  Intentionally or recklessly causing the victim to apprehend immediate unlawful force
• What is intentional assault?

  When the defendant's main aim is to cause the victim to apprehend force
• How is "immediate" interpreted in the context of assault?

  It includes the imminent future
• Can an assault be caused indirectly?

  Yes, for example, by threatening to let a dog off its leash
• What is the actus reus of battery?

  The application of unlawful force
• What is reckless assault?

  When the defendant sees the risk of the victim apprehending force but continues anyway
• What constitutes sufficient force for a battery charge?

  The slightest touch is enough force for a battery
• Can force be applied indirectly in battery cases?

  Yes, force can be applied indirectly
• How is touching someone's clothes treated in relation to battery?

  It is akin to touching the person
• What is the significance of Wilson v Pringle in battery cases?

  It states that force converted to lawful is not battery
• Can an omission constitute battery?

  Yes, as seen in Fagan v Metropolitan Police Commissioner
• What does s.117 Police and Criminal Evidence Act 1984 state?

  It allows lawful use of reasonable force by police
• What is intentional battery?

  When the defendant's main aim is to apply unlawful force
• What is the mens rea for battery?

  Intentionally or recklessly applying unlawful force
• What is reckless battery?

  When the defendant sees the risk of applying unlawful force but continues anyway