Summary Cases and overview of offences against the person- Criminal law

Offences against the person.

Assault s47, s20 and s28 Offences against the person act 1861

Common assault:
No injury required.
‘Common assault can be committed in 2 ways, which amount in law to different offences,
namely assault by beating and assault by putting another in fear of immediate violence’
Saunders J in R(Kracher) v Leicester magistrates court [2013]
 Contrary to s29 criminal justice act 1988 but defined in caselaw.
 Summary offences- magistrates court.
Assault by beating battery and assault.
Assault by putting someone in fear: psychic assault, assault, common assault.

MR
AR

Psychic assault:
Fagan v MPC: ‘intentionally or recklessly, causing another person to apprehend immediate
and unlawful personal violence’.
Actus reus:
 Causing by any means
Actions/ gestures.
Words alone can constitute or silence- Ireland and Burstow.
Conditional threats.
 Apprehension by V- excpetion no need for fear.
 Immediate- smith v chief superintendent of Woking, Ireland, Constanza. ‘Some time
but not excluding immediate future’.
 Unlawful personal violence- expecting some physical contact or touch. No need to
expect injury.
Mens rea:
 Intent as to psychic assault.
 Recklessness as to psychic assault.

Assault by beating/battery:
Fagan v MPC: intentionally or recklessly, causing unlawful personal violence upon another
person.
Battery AR:
 Infliction of unlawful violence.
 Meaning of violence- no harm needed. Touching is enough- Collins v Wilcock,
Thomas.
 Force used must be unlawful.
 Indirect force is enough- DPP v K.
 Omission will suffice if there id duty to act- DPP v Santana Bermudez.
Mens rea:
 Intent as to battery.
 Recklessness at to battery.