non-fatal offences, assualt

What act are they set out in?

The Offences against the person act 1861 and the common law

What are the 5 different non-fatal offences

Assault, battery, assault occasioning ABH, wounding/inflicting GBH, GBH with intent

Common assault - assault and battery

Can be committed in 1 of 2 ways:

-both common law offences

-they are recognised and charged under s.39 criminal justice act 1988

-both have a maximum sentence of 6 months or £5000 each

Assault

An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused

What case set out the requirements for assault

Set out by R v Nelson 2013 - what is required for assault is for D to have done something of a physical kind (difference between assault and battery) which causes someone else to apprehend that they are about to be struck

Requirements for assault

Actus Reus:

• An act

• Causes v to apprehend

• Immediate

• Unlawful force

Men’s rea

• Intention to cause the g to apprehend immediate or unlawful force

• OR

• recklessness to cause the v to apprehend immediate unlawful force

1. An act

2. Causes victim to apprehend

The victim must fear actual force (Smith v CC of Woking 1983), if there is no fear then there is no assault (R v Lamb 1983)

3. Immediate

The victims fear must be a force that could be used against them immediately (Smith v CC of Woking 1983), (Tubervillr v Savage 1669, not guilty as actions weren’t immediate)

4. Unlawful force

5. Men’s rea