Section 39 Common Assault

Question 1

What is the definition of assault according to Section 39 of the Criminal Justice Act 1988?

Answer 1

Assault is any intentional or reckless act which causes another person to apprehend immediate and unlawful personal violence (FEAR)

This means that a person does not need to be physically touched to be assaulted; the fear of immediate force is sufficient.

Question 2

Is injury required for common assault?

Answer 2

No, injury is not required for common assault

This is in contrast to Section 47, where a degree of injury must be present.

Question 3

What is battery?

Answer 3

Battery is any intentional or reckless application of unlawful force to another person (FORCE)

Battery can be direct or indirect, such as throwing a brick at someone, which would be considered indirect battery.

Question 4

What are examples of injuries classified under common assault?

Answer 4

Examples include:
* slap
* punch
* no lasting visible injuries or discomfort

These injuries are considered transient or non-existent.

Question 5

What happens to common assault if it becomes racially aggravated?

Answer 5

It becomes an either way offence, which can result in an increased sentence

Racially aggravated offences are treated more seriously under the law.

Question 6

What distinguishes common assault from Section 47 offences?

Answer 6

The level of injury required distinguishes them; common assault does not require injury, whereas Section 47 does

Section 47 requires a degree of injury, making it a more serious offence.

Question 7

True or False: You must physically touch someone to commit assault.

Answer 7

False

Assault can occur without physical contact if it causes fear of immediate violence.

Question 8

Fill in the blank: Common assault is classified as a _______ offence.

Answer 8

summary

Summary offences are typically less serious and are handled in lower courts.