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:

    It is to be presumed, that a man of common sense, who does not desire to please, desires nothing at all; since he must know that he cannot obtain anything without it.
    Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)

    There is no longer beauty except in the struggle. No more masterpieces without an aggressive character. Poetry must be a violent assault against the unknown forces in order to overcome them and prostrate them before men.
    Tommaso Marinetti (1876–1944)