Non-fatal offences

• Common assault which is assault and battery under s39 Criminal Justice Act 1988
• Assault or battery or both (summary offences)

  They are both common law offences, triable only in the magistrates’ court.  They each carry a maximum of 6 months in prison.
• indirect intent


  The prohibited consequence was a virtual certainty, the defendant appreciated it then the jury can find they intended it.
• subjective recklessness

  A lower level of mens rea.

  Where the defendant knows that there is a risk of a criminal consequence but goes ahead and takes the risk anyway.