Assault – non-fatal offences against the person.
Statute recognises their existence as both offences are charged under s.39 Criminal Justice Act 1988,
which sets out that the maximum punishment is 6 months imprisonment or £5,000 fine or both.
An assault requires some act or words.
An omission is not sufficient to constitute an assault.
Words can be verbal or written.
R v Constanza (1997) – Court of Appeal held that letters could be an assault. The Court of Appeal
said there was an assault as there was a ‘fear of violence at the same time, not excluding the
immediate future.’
R v Ireland (1997) – it was held that even silent telephone calls can be an assault. It depends on the
facts of the case.
The act must cause the victim to apprehend that immediate force is going to be used against them.
There is no assault if the situation is such that it is obvious that the defendant cannot actually use
force.
R v Lamb (1967) – pointing an unloaded gun at someone who knows that it is unloaded cannot be an
assault. This is because the other person does not fear immediate force. However, if the other
person thought the gun was loaded then this could be an assault.
Immediate does not mean instantaneous, but imminent.
An assault can be through a closed window.
Smith v Chief Superintendent of Woking Police Station (1983) – D broke into a garden and looked
through V’s window on the ground floor at about 11pm. V was terrified and thought that D was
about to enter the room. Although D was outside the house and no attack could be made at that
immediate moment. The court held that V was frightened by his conduct. The basis of the fear was
that she did not know what he was going to do next, but that it was likely to be of a violent nature.
Fear of what he might do next was sufficiently immediate for the purposes of the offence.
Tuberville v Savage (1669) – defendant placed one hand on a sword and said ‘if it were not assize
time, I would not take such language from you.’ This was held not to be an assault because what was
said showed he was not going to do anything.
R v Light (1857) – defendant raised a sword above the head of his wife and said, ‘were it not for the
bloody policeman outside, I would split your head open.’ It was held that this was an assault. The
wife feared that force was going to be used on her and the words in the circumstances were not
enough to negate that fear.
Fear of unwanted touching is sufficient for assault. The force or unlawful personal violence which is
feared need not be serious.
Unlawful force
The force which is threatened must be unlawful.
If it is lawful, there is no offence of common assault.
Battery – non-fatal offences
‘The intention or reckless infliction of unlawful physical force upon the victim by the defendant.
R v Ireland (1997)
Actus reus – application of unlawful force, this can include the slightest touch.
Statute recognises their existence as both offences are charged under s.39 Criminal Justice Act 1988,
which sets out that the maximum punishment is 6 months imprisonment or £5,000 fine or both.
An assault requires some act or words.
An omission is not sufficient to constitute an assault.
Words can be verbal or written.
R v Constanza (1997) – Court of Appeal held that letters could be an assault. The Court of Appeal
said there was an assault as there was a ‘fear of violence at the same time, not excluding the
immediate future.’
R v Ireland (1997) – it was held that even silent telephone calls can be an assault. It depends on the
facts of the case.
The act must cause the victim to apprehend that immediate force is going to be used against them.
There is no assault if the situation is such that it is obvious that the defendant cannot actually use
force.
R v Lamb (1967) – pointing an unloaded gun at someone who knows that it is unloaded cannot be an
assault. This is because the other person does not fear immediate force. However, if the other
person thought the gun was loaded then this could be an assault.
Immediate does not mean instantaneous, but imminent.
An assault can be through a closed window.
Smith v Chief Superintendent of Woking Police Station (1983) – D broke into a garden and looked
through V’s window on the ground floor at about 11pm. V was terrified and thought that D was
about to enter the room. Although D was outside the house and no attack could be made at that
immediate moment. The court held that V was frightened by his conduct. The basis of the fear was
that she did not know what he was going to do next, but that it was likely to be of a violent nature.
Fear of what he might do next was sufficiently immediate for the purposes of the offence.
Tuberville v Savage (1669) – defendant placed one hand on a sword and said ‘if it were not assize
time, I would not take such language from you.’ This was held not to be an assault because what was
said showed he was not going to do anything.
R v Light (1857) – defendant raised a sword above the head of his wife and said, ‘were it not for the
bloody policeman outside, I would split your head open.’ It was held that this was an assault. The
wife feared that force was going to be used on her and the words in the circumstances were not
enough to negate that fear.
Fear of unwanted touching is sufficient for assault. The force or unlawful personal violence which is
feared need not be serious.
Unlawful force
The force which is threatened must be unlawful.
If it is lawful, there is no offence of common assault.
Battery – non-fatal offences
‘The intention or reckless infliction of unlawful physical force upon the victim by the defendant.
R v Ireland (1997)
Actus reus – application of unlawful force, this can include the slightest touch.
