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There are two ways of committing common assault which are assault and battery. Both of there offences are charged under s39 criminal justice act 1988 and summary offences.

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  • Essay length: 1299 words
  • Submitted: 04/04/2008
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AS and A Level Criminal Law

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There are two ways of committing common assault which are assault and battery. Both of there offences are charged under s39 criminal justice act 1988 and summary offences.

Firstly I am going to look at assault which is known as a technical assault or psychic assault. Assault is when defendant intentionally or subjectively recklessly causes another person to fear immediate unlawful personal violence.

For the Actus Reus of assault, you must establish that there has been an act which has caused another person to apprehend the infliction of immediate, unlawful force. An assault requires some acts or word this can be seen in Lodgon v DPP where defendant opened a drawer in his office to show another person that there was a gun in it, which defendant said was loaded. In fact the gun was fake. The actions of defendant were held to amount to an assault. Words are sufficient to amount to an assault which can be seen in Constanza (1997) the CA held that letters can be an assault. In this case defendant had written 800 letters and made a number of phone calls to the victim. The victim interpreted the last two

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