A-Level
Law Paper
1:
Non-Fatal
Offences
Against the
Person:
common
assault, ABH,
GBH/wounding
Law Department
Wymondham College
This booklet is available in LARGE
PRINT
, NON-FATAL OFFENCES AGAINST THE PERSON
COMMON ASSAULT – Assault
Common assault is the lowest level of offence against the person i.e. it is a
summary offence. It includes both assault and battery:
CO
AS BA
ASSAULT
The offence of assault is not defined by a statute but the maximum
punishment is found under s39 of the Criminal Justice Act 1988. Those
defendants found guilty of assault could face a maximum punishment of 6
months in jail or a fine of up to £5000
DEFINITION OF ASSAULT
an act that causes the victim to apprehend immediate force.
ACTUS REUS – where D does an act that causes V to apprehend immediate
unlawful force
An act
The act can be by things said or done as long as it causes the victim to
apprehend unlawful force. The actus reus cannot therefore be an omission.
Examples of the actus reus of assault could include:
Spoken assault.
Silence
Written
Physical force
Apprehension of force
For an assault to occur the act must cause the victim to apprehend immediate
unlawful force.
, Apprehension of force is a belief or fear that force will be applied:
Logdon
The defendant pointed an imitation gun at a woman in jest. She was terrified.
The defendant then told her it wasn't real.
Held:
An assault had been committed as the victim had apprehended immediate un-
lawful personal violence and the defendant was reckless as to whether she
would apprehend such violence.
If V does not apprehend force, then there is no assault:
Lamb (1967)
Two boys were playing with a revolver. There were two bullets in the chamber,
but neither were opposite the barrel. The two boys believed that this meant it
would not fire. One of the boys pointed the gun at the other and fired. As he
pulled the trigger the chamber turned, and the gun went off killing the boy. The
other was charged with unlawful act manslaughter.
Held:
There was no unlawful act as no assault had been committed as the victim did
not believe the gun would go off therefore, he did not apprehend immediate un-
lawful personal violence.
There is also no assault if violence is not possible.
Immediate
Law Paper
1:
Non-Fatal
Offences
Against the
Person:
common
assault, ABH,
GBH/wounding
Law Department
Wymondham College
This booklet is available in LARGE
, NON-FATAL OFFENCES AGAINST THE PERSON
COMMON ASSAULT – Assault
Common assault is the lowest level of offence against the person i.e. it is a
summary offence. It includes both assault and battery:
CO
AS BA
ASSAULT
The offence of assault is not defined by a statute but the maximum
punishment is found under s39 of the Criminal Justice Act 1988. Those
defendants found guilty of assault could face a maximum punishment of 6
months in jail or a fine of up to £5000
DEFINITION OF ASSAULT
an act that causes the victim to apprehend immediate force.
ACTUS REUS – where D does an act that causes V to apprehend immediate
unlawful force
An act
The act can be by things said or done as long as it causes the victim to
apprehend unlawful force. The actus reus cannot therefore be an omission.
Examples of the actus reus of assault could include:
Spoken assault.
Silence
Written
Physical force
Apprehension of force
For an assault to occur the act must cause the victim to apprehend immediate
unlawful force.
, Apprehension of force is a belief or fear that force will be applied:
Logdon
The defendant pointed an imitation gun at a woman in jest. She was terrified.
The defendant then told her it wasn't real.
Held:
An assault had been committed as the victim had apprehended immediate un-
lawful personal violence and the defendant was reckless as to whether she
would apprehend such violence.
If V does not apprehend force, then there is no assault:
Lamb (1967)
Two boys were playing with a revolver. There were two bullets in the chamber,
but neither were opposite the barrel. The two boys believed that this meant it
would not fire. One of the boys pointed the gun at the other and fired. As he
pulled the trigger the chamber turned, and the gun went off killing the boy. The
other was charged with unlawful act manslaughter.
Held:
There was no unlawful act as no assault had been committed as the victim did
not believe the gun would go off therefore, he did not apprehend immediate un-
lawful personal violence.
There is also no assault if violence is not possible.
Immediate
