Common Assault s.39 Criminal Justice Act. 1988

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  • Created by: Dom
  • Created on: 14-04-13 10:55
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  • Common Assault s.39 Criminal Justice Act. 1988
    • Common law  offence
      • Max. punishment = 6 months imprison. and/or fines up to £5,000
      • No  statutory definition (def. taken from case law)
      • Originally regraded as attempted battery
    • 2. Immediate
      • wording indicating that there will be no violence  may prevent an act being an assault  = Tuberville v Savage (1669)
      • immediate does NOT mean          instantaneous', but 'imminent'  - Threat to use force in the future is not assault
        • so an assault can be through a closed window = Smith v Superintend. of Working Police Station (1983)
    • Definition of Assault ;
      • An  Act which causes V. to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether unlawful force is applied
    • Assault by words alone
      • Used to be that something more than words was required to constitute assault = changed in Ireland (1997)
      • Words may negative an assault
        • Tuberville v Savage (1669)
          • Provocative gesture  action (hand on hilt of sword' - 'if it wasn't for the magistrates' - (D. would commit and assault on V.)
        • Light (1857)
          • Actual gesture (action)  (D. raising his sword above his head) - 'were it not for the bloody policeman out side, I would split your (v's) head open' - V. would be fearful - as only had D.s word that he wouldn't perform the action
    • 3. Unlawful force
      • Force does not mean 'violence' - A touch would suffice  = Collins v Wilcock (1984)
    • 1. Apprehend ;
      • Used  in preference to 'fears' as 'apprehend' is more specific - takes into account V. ''understanding''of the situation


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