S.39 CJA 1988

• common law assault is a summary offence, if guilty the defendant may receive a maximum punishment of up to six months imprisonment and, or a fine of up to £5,000.
• common law assault occurs when D intentionally or recklessly causing the victim to apprehend (fear) immediate infliction of unlawful force (violence) contrary to S.39 of the Criminal Justice Act 1988
• S.39 of the Criminal Justice Act 1988
• Common law assault

  1.      First part of the legal test-did V fear unlawful force/violence?

  R v Logdon

  R v Ireland

  Misalati

  Tuberville v Savage
• Common law assault 

  Second part of the legal test-was the unlawful force/violence threatened immediate?

  R v Smith v Chief Constable of Woking Police

  R v Ireland silent phone calls satisfied immediacy due to verbal contact.
• Common law assault

  Third part of the legal test-was D the cause of V’s fear of force/violence?

  R v Jordan

  R v Smith

  R v Cheshire

  R v Malcherek

  R v Roberts

  R v Williams

  R v Blaue
• Common law assault

  Fourth part of legal test-Did D have the mens rea for common law assault which is intention or recklessness to cause V to fear unlawful fear of violence?

  R v Savage

  R v Mohan

  R v Woolin

  R v Cunningham

  R v Mitchell

  Make sure AR and MR occur at the same time; coincidence rule. AR and MR must occur at the same time-there are exceptions to the rule.
• battery is Intention or recklessness to apply unlawful force contrary to S.39 of the Criminal justice Act 1988. 
• Common Law Battery

  First part of the legal-Did D apply force? Force used can be direct or indirect.

  Applies to acts NOT omissions

  R v Thomas

  R v Haystead

  DPP v K
• Common Law Battery

  Part two of the legal test-Was the force used unlawful?

  Collins v Wilcock
• Common law battery

  Third part of the legal test- was D the cause

  R v Jordan

  R v Smith

  R v Cheshire

  R v Malcherek

  R v Roberts

  R v Williams

  R v Blaue
• Common Law Battery

  Final part of the legal test-did D intend to or was reckless in applying unlawful force? R v Venna.

  R v Woolin

  R v Cunningham

  R v Mohan

  R v Mitchell

  Make sure AR and MR occur at the same time; coincidence rule.