Offences against the person: Common assault
Topic
Offences Against the Person: Common Assault
Common assault is an offence under British law involving the application or threat of force against another person. It is considered one of the less severe types of assault but remains a serious offence that can result in criminal charges. Common assault is defined by statute and may encompass both physical and verbal threats that cause the victim to fear immediate harm.
Definition and Elements
Under British law, to establish a case of common assault, the prosecution typically must prove the following elements beyond a reasonable doubt:
- • Intent: The defendant intended to cause the victim to apprehend immediate unlawful violence.
- • Apprehension of Harm: The victim apprehended immediate unlawful violence as a result of the defendant’s actions or words.
- • Unlawfulness: The actions or words of the defendant were unlawful, meaning they were not justified by law.
Types of Common Assault
Common assault can be categorised into two main types:
- • Physical Assault: This involves the application of force to another person, such as hitting, pushing, or slapping.
- • Threatening Behaviour: This involves causing another person to fear imminent physical harm through threats or aggressive behaviour.
Punishments and Sentencing
The punishment for common assault can vary significantly depending on the circumstances of the offence. Generally, it may result in fines, community service, or imprisonment. Factors that can influence sentencing include the severity of the assault, the defendant’s criminal history, and whether any aggravating factors, such as the use of a weapon, were present.
Defences to Common Assault
Several defences can be raised in response to charges of common assault, including:
- • Self-Defence: The defendant may argue that they were acting in self-defence or in defence of another person.
- • Consent: The defendant may claim that the victim consented to the actions that constituted the assault.
- • Lack of Intent: The defendant may argue that there was no intention to cause the victim to apprehend immediate unlawful violence.
Case Law
R v Ireland (1997)
This case established that causing a person to fear immediate violence can constitute assault, even if no physical contact occurs. The defendant's repeated silent phone calls caused the victim to fear immediate harm, leading to a conviction for common assault.
Examples
- • A person raising their fist as if to strike someone, causing the other person to flinch or step back in fear.
- • Shouting threats of violence at someone in close proximity, making them fear they are about to be attacked.
Conclusion
Common assault is a significant criminal offence that encompasses a wide range of behaviours from physical attacks to verbal threats. Understanding the legal definition, potential punishments, and available defences is crucial for anyone involved in such cases. Legal advice from a qualified solicitor is often necessary to navigate the complexities of common assault charges.
