Common assault Flashcards
criminal law paper 1
What does “common assault” mean, and why is it known as this?
Common assault is a summary offence that covers both assault and battery. It is known as “common” because it is a frequently occurring and less serious offence.
What are the three elements which make up the actus reus of assault?
The actus reus of assault includes:
1) An act (or words).
2) Causing the victim to apprehend.
3) The infliction of immediate and unlawful personal violence.
What is meant by “apprehend”?
“Apprehend” means that the victim believes violence will occur; they need not feel fear, only anticipate harm.
What does “immediate” mean?
“Immediate” means the threat of violence must be imminent and not in the distant future, as confirmed in R v Ireland.
Does assault require physical action? Which case tells us this?
No, assault does not require physical action; words or silence can be sufficient, as established in R v Ireland.
What is the mens rea of assault?
The mens rea of assault is the intention to cause the victim to apprehend immediate unlawful violence or recklessness as to whether this occurs.
What is meant by “unlawful force” for the purposes of battery?
“Unlawful force” refers to any unwanted or unauthorised physical contact, however slight, unless justified, as in Collins v Wilcock.
What is the mens rea of battery?
The mens rea of battery is the intention to apply unlawful force to another or recklessness as to whether unlawful force is applied.
Suggest one criticism of the law of common assault and refer to a proposal for reform that would address it.
One criticism is the outdated language of “assault” and “battery,” which causes confusion. The Law Commission proposed replacing these terms with clearer ones like “threatened assault” and “physical assault” to better reflect their meanings.
