7. Non-fatal offences against
the person
Introduction
infliction of unlawful harm on a person
assault and battery are summary only offences
charged under s.39 Criminal Justice Act 1988
maximum sentence 6 months
assault occasioning ABH and maliciously wounding or inflicting GBH
either way offences
charged under s.47 and s.20 OAPA
maximum sentence of 5 years
wounding or causing GBH with intent
indictable only offence
charged under s.18 of OAPA 1861
maximum sentence of life
7.1 Assault
charged contrary to s.39 CJA 1988
DPP v Taylor; DPP v Little [1992] 1 QB 645
DC held assault and battery are statutory offences
Haystead v Chief Constable of Derbyshire [2000] 2 Cr App R 339
DC held obiter dicta that battery is a common law offence
Section 39, Criminal Justice Act 1988
7. Non-fatal offences against the person 1
, Common assault and battery shall be summary offences and a person guilty
of either of them shall be liable to a fine not exceeding level 5 on the
standard scale, to imprisonment for a term not exceeding six months, or to
both
Collins v Wilcock [1984] 1 WLR 1172
law draws a line between assault and battery
Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
assault defined as ‘any act which intentionally or recklessly causes
another person to apprehend immediate and unlawful personal violence
actus reus
causing another person to apprehend immediate and unlawful personal
violence
subjectively assessed
victim must apprehend immediate personal violence
apprehension
no assault if victim doesn’t apprehend immediate personal violence
Lamb [1967] 2 QB 981
victim must perceive conduct which causes apprehension of
immediate and unlawful personal violence
Logdon v DPP [1976] Crim LR 121
fear is not necessary requirement for assault
it is enough that the victim anticipated the use of personal
violence
unlawful
conduct of defendant may be deemed lawful:
self-defence or defence of another
if conduct is consented to
defendant is using reasonable degree of force in chastisement
of child
7. Non-fatal offences against the person 2
the person
Introduction
infliction of unlawful harm on a person
assault and battery are summary only offences
charged under s.39 Criminal Justice Act 1988
maximum sentence 6 months
assault occasioning ABH and maliciously wounding or inflicting GBH
either way offences
charged under s.47 and s.20 OAPA
maximum sentence of 5 years
wounding or causing GBH with intent
indictable only offence
charged under s.18 of OAPA 1861
maximum sentence of life
7.1 Assault
charged contrary to s.39 CJA 1988
DPP v Taylor; DPP v Little [1992] 1 QB 645
DC held assault and battery are statutory offences
Haystead v Chief Constable of Derbyshire [2000] 2 Cr App R 339
DC held obiter dicta that battery is a common law offence
Section 39, Criminal Justice Act 1988
7. Non-fatal offences against the person 1
, Common assault and battery shall be summary offences and a person guilty
of either of them shall be liable to a fine not exceeding level 5 on the
standard scale, to imprisonment for a term not exceeding six months, or to
both
Collins v Wilcock [1984] 1 WLR 1172
law draws a line between assault and battery
Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
assault defined as ‘any act which intentionally or recklessly causes
another person to apprehend immediate and unlawful personal violence
actus reus
causing another person to apprehend immediate and unlawful personal
violence
subjectively assessed
victim must apprehend immediate personal violence
apprehension
no assault if victim doesn’t apprehend immediate personal violence
Lamb [1967] 2 QB 981
victim must perceive conduct which causes apprehension of
immediate and unlawful personal violence
Logdon v DPP [1976] Crim LR 121
fear is not necessary requirement for assault
it is enough that the victim anticipated the use of personal
violence
unlawful
conduct of defendant may be deemed lawful:
self-defence or defence of another
if conduct is consented to
defendant is using reasonable degree of force in chastisement
of child
7. Non-fatal offences against the person 2
