A-Level Law: Criminal Law - Non-Fatal Offences

Study Notes

Assault and Battery

The actus reus of the offence of assault is the intentional or reckless application of force, or the intentional or reckless causation of the victim to believe that force is imminent.
The mens rea of the offence of assault is intent or recklessness as to the victim's fear or actual violence.
The maximum sentence for the offence of common assault is six months' imprisonment and/or a fine.

Battery

Battery is the unlawful application of force to another person.
The key difference between assault and battery is that assault involves the threat or fear of force, while battery involves the actual application of force.

Note: These notes are based on the assumption that the questions provided are related to the English criminal law. The laws and definitions may vary in other jurisdictions.

Non-Fatal Offences

Assault

Assault is an act that intentionally causes another person to fear or apprehend immediate harm or violence.
There are two types of Assault:
- Simple Assault: Verbal threats or actions that cause fear of harm.
- Aggravated Assault: Serious physical harm or use of a deadly weapon.
To prove Assault, three elements must be present:
- Intent: The perpetrator must intend to cause fear or harm.
- Apprehension: The victim must have a reasonable fear of harm.
- Imminence: The harm must be imminent or immediate.
Examples of Assault include:
- Threatening someone with a weapon.
- Making a verbal threat to harm someone.

Battery

Battery is the intentional and unauthorized touching or striking of another person.
There are two types of Battery:
- Simple Battery: Unlawful physical contact without serious injury.
- Aggravated Battery: Serious physical harm or use of a deadly weapon.
To prove Battery, three elements must be present:
- Intent: The perpetrator must intend to touch or strike the victim.
- Unlawfulness: The touching or striking must be unauthorized.
- Contact: The perpetrator must make physical contact with the victim.
Examples of Battery include:
- Hitting someone.
- Pushing someone without their consent.