Common Assault Flashcards
what is common assault?
a collective term for simple assault and battery
what type of offence is simple assault?
summary
what is the max sentence for simple assault?
6m imprisonment and/or fine
what is the AR for simple assault?
causing V to apprehend immediate & unlawful personal force
re: AR for simple assault
what is not required for V to apprehend force?
there need not be actual force for V to apprehend force
re: AR for simple assault
explain when apprehension will and will not be ‘immediate’
future threats of violence are not an immediate threat of violence, and so the AR would not be satisfied.
a conditional threat could be immediate it it causes V to apprehend ‘immediate’ force
re: AR for simple assault
explain ‘personal’
The threat must be made to V, not another person otherwise the AR will not be satisfied
re: AR for simple assault
when will V not ‘apprehend’ immediate force?
there will be no assault if attacked from the back as cannot apprehend (but would be battery)
what is the MR for simple assault?
intention or reckless to cause V to apprehend immediate and unlawful force
what type of offence is battery?
summary
what is the max sentence for battery?
6m imprisonment and/or fine
what is the AR for battery?
infliction of unlawful force
give some examples of battery
this can include direct contact or no contact at all i.e. spitting, throwing an object, setting dog on V, placing obstacle in V’s way
what is the MR for battery?
intention or recklessness to inflict unlawful force upon V
