Non-Fatal offences - Assault + Battery Flashcards
What is the act where battery and assault are laid out?
S39 Criminal Justice Act 1988
What are battery and assault referred to as and why?
Often referred to as common assault OR summary offences because there is no other statutory definition.
What is the punishment if found guilty of assualt?
A 6 month imprisonment AND/OR a £5000 fine.
How is assault defined?
An assault is an act which causes the victim to APPREHEND the infliction of immediate, unlawful personal violence or reckless as to whether such fear is caused.
What is the importance of R v Nelson (2013) in assault?
In this case the CoA stated that a requirement of common assault is for the D to do something of a physical kind that causes the victim to APPREHEND they are about to be struck.
Name examples of assault.
Raising a fist, pointing a loaded gun at somebody or saying a threat.
What is the AR of assault?
An act which causes the victim to apprehend immediate unlawful force.
Is an omission enough for an assault?
No there must be some acts or words.
