Common Assault

• Common assault covers the common law offences of assault and battery
• Assault and battery are charged under s.39 Criminal Justice Act 1988
• Assault - An act that causes the victim to apprehend immediate and unlawful force
• Assault AR: causing the V to apprehend the infliction of immediate and unlawful force

  • Words or gestures can be an assault - Constanza
  • Silence can be an assault - Ireland
  • If D’s words indicate that no violence will occur, they will negate the assault - Tuberville v Savage
• Assault MR: Intention or recklessness as to the assault

  • Seen in the case of Venna
• Battery - Any touching, however slight will be a battery (no need for harm, contact is enough)
• Battery AR: application of unlawful force to another person

  • Force must be unlawful , touching a person’s clothes can amount to a battery - Thomas
  • The force can be indirect - DPP v K
• Battery MR: Intention or recklessness as to the battery

  • Seen in the case of Venna