Assault

Question 1

Intro

Answer 1

Assault and battery are both common law offence but are charged under s.39 Criminal Justice Act 1988. The maximum sentence is 6 month imprisonment.

Question 2

AO3 difference between assault and battery

Answer 2

P- in 2015, law commission criticise assault and battery as despite being two separate offence, the term battery is rarely used in court.
Dp- confusion and uncertainty. Law commission imply that these laws need clearer labelling to avoid confusion.
Wdp- suggested that assault and battery should be replaced with threatening assault and physical assault making the law more certain and ascertainable which complies with the rule of law.

Question 3

Assault Actus Reus

Answer 3

Causing the victim to apprehend the infliction of immediate and unlawful force.

Question 4

Assault Mens Rea

Answer 4

Intention or reckless as to assault

Question 5

Constanza

Answer 5

Assault can be committed in words or writing

Question 6

Ireland

Answer 6

Silence can be assault if the victim apprehends immediate unlawful force.

Question 7

Tuberville V Savage

Answer 7

Words indicating there will be no violence may prevent an assault ocuuring.