Common Assault

Common assault was an offence under the common law of England, and has been held now to be a statutory offence in England and Wales. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. It was thought to include battery. In England and Wales, the penalty and mode of trial for this offence is now provided section 39 of the Criminal Justice Act 1988, and it has been held that the offence should be alleged as contrary to the statute because of this. It was also held that common assault and battery are two distinct offences, so that a charge that the accused "assaulted and battered" another person would be bad for duplicity (the rule against charging more than one offence in a single count).

Read more about Common Assault:  Statute, Ingredients of The Offence, Alternative Verdict, Whether It Is A Statutory Offence, Mode of Trial and Sentence, Racially or Religiously Aggravated Offence, Status of Offence

Famous quotes containing the words common and/or assault:

    Nothing shall warp me from the belief that every man is a lover of truth. There is no pure lie, no pure malignity in nature. The entertainment of the proposition of depravity is the last profligacy and profanation. There is no scepticism, no atheism but that. Could it be received into common belief, suicide would unpeople the planet.
    Ralph Waldo Emerson (1803–1882)

    We have long forgotten the ritual by which the house of our life was erected. But when it is under assault and enemy bombs are already taking their toll, what enervated, perverse antiquities do they not lay bare in the foundations.
    Walter Benjamin (1892–1940)