Assault Evaluations

• Organisation

  • assault is common law (Venna/Ireland)
  • the punishment for assault is contained under s.39 CJA 1988
  • illogical
  • questionable as to why it isnt included in the OAPA 1861 so all non-fatals would be found under one Act of Parliament
• Public Awareness

  • offence of assault is deceptive since there doesn't need to be any contact with v
  • a lot of public will identify injuries more associated with ABH
  • problematic as people need to understand the law correctly
  • some people don't report the crime as unaware or think its too 'minor', CPS unlikely to prosecute as not in public interest
• Lack of Definitions

  • no Act of Parliament, common law offence
  • 'immediate' - just meant 'instantaneous', however, in Smith v Woking can also be 'imminent'
  • welcomed clarification, ensure defendant cannot slip through the net on a technicality
  • judges should apply law and Parliament makes it
  • breach of separation of powers
• Sentencing

  • illogical
  • 6 months imprisonment and/or £5000 fine maximum
  • excessive for e.g. a threat
  • same sentence as battery, need not make contact whereas battery is slightly more serious
  • summary dealt with in Magistrates Court
  • Magistrates - geographical variations, injustice, improvements in training, work with sentencing guidelines