Non Fatal Offences Against the Person

Common Assault

Common Assault, under s39 Criminal Justice Act 1988, is intentionally or recklessly causing V to apprehend the immediate infliction of violence

What is the maximum sentence for common Assault

Six months’ imprisonment

Example case for Common Assualt

Logdon : guilty of Assualt by waving a replica handgun as a joke because V had apprehended immediate violence and D had been at least reckless

Requirement of immediacy has been interpreted in what case?

Explain the case ?

Smith : guilty of assaulting V by staring in through a window as V was terrified

What happened in Constanza

He was guilty of Assualt as he sent V 800 letters, some where threatening

What happened in Ireland?

Made silent calls to 3 women, he was guilty of Assualt as victim taught he called to see if they are at home before he strikes

What happened in Savage

He put his hand on a sword and told V he will not attack him because the judge was in town

Light

Raised the sword above his wife’s head and shouted.

Common Law Battery

Common law Battery (or Assualt by beating), under s39 Criminal Justice Act 1988, is intentionally or recklessly applying unlawful physical force to another person