Common Assault

Question 1

Give an Introduction for Common Assault.

Answer 1

Common Assault can be committed in 2 ways:
1) Assault
2) Battery
- Assault + Battery are both common law offences.
- Summary offence; only heard in Magistrates’ court
- S.39 Criminal Justice Act 1988: sets out max punishment for common assault: 6 months imprisonment, fine of £5,000 or both. (Doesn’t define offences, simply states it’s a summary offence + it’s max sentence
- Fagan v MPC: definition of assault: “An assault is committed where the D intentionally or recklessly causes the V to apprehend immediate unlawful personal violence”
- R v Nelson: Definition of assault amended

Question 2

State what is needed in order to have the Actus Reus for Common Assault.

Answer 2

• An act or words
• Which causes V to apprehend the infliction of immediate, unlawful force

Question 3

Explain the first element: ‘An Act or Words’ for the AR for Common Assault.

Answer 3

• Omission not sufficient to constitute an assault- if there’s no voluntary nature there’s no offence.
• Requires some act or words, e.g. shouting at someone making them fear violence, raising a fist to hit someone, etc.
• R v Constanza: words can be verbal or written. V must fear violence at some point
• R v Ireland: prank calls can amount to an assault

Question 4

Explain the Second Element for the AR of Common Assault: ‘Causes V to Apprehend the Infliction of Immediate, Unlawful Force’

Answer 4

Act must cause V to genuinely believe force is going to be used against them
- R v Lamb: If D can’t use force at that time, or in immediate future, or V’s not scared, it’s not an assault
- Smith v Chief Superintendent of Woking: Must be possible that the force could be applied immediately or imminently after the act/words
- Tuberville v Savage: Words indicating there’ll be no violence at that time, prevents an act being assault.
- Force threatened must be unlawful; not unlawful if it’s in: self-defence, defence of another, or in prevention of another crime.

Question 5

Explain the Third Element for the AR of Common Assault: ‘Causation’

Answer 5

Factual:
- R v Pagett: ‘But for’ test
Legal:
D’s conduct must be more than a minimal cause, but need not be a substantial cause of the end consequence
- R v Kimsey: must be more than a slight or trifling link
- R v Blaue: Thin-skull rule
- Intervening Acts: V’s own act, Act of a Third party, a natural but unpredictable event (must be sufficiently independent + sufficiently serious; breaking chain of causation)

Question 6

Explain the MR for Common Assault.

Answer 6

Basic intent offence, options either direct intention or recklessness:
- R v Mohan: Intention: intent to cause another fear of immediate unlawful personal violence
- R v Cunningham: Recklessness: recklessness as to whether such fear is caused
- R v Latimer: Transferred malice can be used (if offence is from person to person)
- R v Pembilton: Transferred malice can’t be used when offence isn’t of the same kind (person to property)