Non-fatal offences against the person- Common Assault
-Non-fatal offence: Nobody is going to die. Violence against a person, but they do not die.
Common Assault: Committed when a person either assaults another person or commits a battery.
-Assault has no statutory definition: developed through case law/common law/judges.
-s.39 Criminal Justice Act 1988: States key facts that it is a summary offence and its maximum sentence (6 months
imprisonment or fine of £5000 or both)
Common Assault- Assault:
Fagan v MPC (1969): Definition- “an assault committed where the defendant intentionally or recklessly causes the victim to
apprehend immediate unlawful personal violence”
R v Nelson (2013): Confirms Fagan + “D done something of a physical kind which causes someone else to apprehend that
they are about to be struck”
Actus Reus
1. An act- or words
2. Something in the act which causes the victim to apprehend the infliction of immediate, unlawful force.
1. An Act:
-Must be voluntary: Hill v Baxter
-Assault examples:
No touching- Putting V in fear you’ll assault them.
Swinging @ someone- they miss, or V moves out the way.
Swinging fist @ someone + threating them.
Holding gun to someone or letting it off and missing
Threatening someone w/ words “I’m going to punch you”
-R v Constanza (1997): Words can be written or verbal – fear of violence at some point, not excluding the immediate future.
-R v Ireland (1997): Silent phone calls can be an assault- depends on the facts of the case.
-NO TOUCHING, only fear of immediate unlawful force.
2. Something in the act which causes the victim to apprehend the infliction of immediate, unlawful force.
-Three sections: Apprehension (fear), Immediate and Unlawful
Apprehension (fear):
-V must genuinely believe that immediate force or violence is going to be used against them.
-Must be FEAR!
-Clear that D cannot use force at that time, or in the immediate future, or they are not scared, it is not an assault.
-R v Lamb (1967): No fear then cannot be an assault, is no apprehension of force.
Immediate:
-Smith v Chief Constable of Woking (1983): Possible that force could be applied immediately after the act/words or silence
-Violence in immediate future, AR for assault can exist
-Immediate does not mean instantaneous but IMMINENT.
-Tuberville v Savage (1669): Words indicting will be no violence at that time may prevent an act being an assault- Only use if
the offence is not going to work.
Unlawful:
-Force must be unlawful.
-Lawful: Police officer giving lawful arrest “stop tazer”
Causation- Causation in fact and law.
Mens Rea-Offence of basic intent
-Direct intention or recklessness.
MR for assault: “intention to cause another to fear immediate unlawful personal violence” or “recklessness as to whether
such fear is caused”
-Intention:
Direct Intention: Mohan, Inglis- desired aim is achieved
-Recklessness: Cunningham; test, Savage
-Non-fatal offence: Nobody is going to die. Violence against a person, but they do not die.
Common Assault: Committed when a person either assaults another person or commits a battery.
-Assault has no statutory definition: developed through case law/common law/judges.
-s.39 Criminal Justice Act 1988: States key facts that it is a summary offence and its maximum sentence (6 months
imprisonment or fine of £5000 or both)
Common Assault- Assault:
Fagan v MPC (1969): Definition- “an assault committed where the defendant intentionally or recklessly causes the victim to
apprehend immediate unlawful personal violence”
R v Nelson (2013): Confirms Fagan + “D done something of a physical kind which causes someone else to apprehend that
they are about to be struck”
Actus Reus
1. An act- or words
2. Something in the act which causes the victim to apprehend the infliction of immediate, unlawful force.
1. An Act:
-Must be voluntary: Hill v Baxter
-Assault examples:
No touching- Putting V in fear you’ll assault them.
Swinging @ someone- they miss, or V moves out the way.
Swinging fist @ someone + threating them.
Holding gun to someone or letting it off and missing
Threatening someone w/ words “I’m going to punch you”
-R v Constanza (1997): Words can be written or verbal – fear of violence at some point, not excluding the immediate future.
-R v Ireland (1997): Silent phone calls can be an assault- depends on the facts of the case.
-NO TOUCHING, only fear of immediate unlawful force.
2. Something in the act which causes the victim to apprehend the infliction of immediate, unlawful force.
-Three sections: Apprehension (fear), Immediate and Unlawful
Apprehension (fear):
-V must genuinely believe that immediate force or violence is going to be used against them.
-Must be FEAR!
-Clear that D cannot use force at that time, or in the immediate future, or they are not scared, it is not an assault.
-R v Lamb (1967): No fear then cannot be an assault, is no apprehension of force.
Immediate:
-Smith v Chief Constable of Woking (1983): Possible that force could be applied immediately after the act/words or silence
-Violence in immediate future, AR for assault can exist
-Immediate does not mean instantaneous but IMMINENT.
-Tuberville v Savage (1669): Words indicting will be no violence at that time may prevent an act being an assault- Only use if
the offence is not going to work.
Unlawful:
-Force must be unlawful.
-Lawful: Police officer giving lawful arrest “stop tazer”
Causation- Causation in fact and law.
Mens Rea-Offence of basic intent
-Direct intention or recklessness.
MR for assault: “intention to cause another to fear immediate unlawful personal violence” or “recklessness as to whether
such fear is caused”
-Intention:
Direct Intention: Mohan, Inglis- desired aim is achieved
-Recklessness: Cunningham; test, Savage
