assault and battery eval

• pro - no definitions for battery and assault in statue but there is a sufficient amount of case law to allow for flexibility and still lead to the defendants being sentenced for the crimes committed
• pro - battery had developed through the courts to include indirect acts and force - DPP vs K, HAYSTEAD
• pro - assault - 'immediate' is satisfied as long as the V didnt know what the D would do next
• con - it is not designed to work as one coherent hierarchy of offences - not a logical sentencing structure that reflects the seriousness of each offence

  there is little difference between battery and ABH but there is a big difference in terms of sentencing.
• con - there is no clear definition of assault and battery
• con - there is no clear measure of what fear looks like and how much fear there is supposed to be - unclear
• reforms - law commission 2015 proposed to divide assault into two offences

  • physical assault and threatened assault