18 replies to this topic

[specialconstable1]

Does chucking water over someone constitute an assault?

[General Purpose]

If you didn't give them permission and they intended to do it.

"A person is guilty of an offence if he causes another to apprehend immediate and unlawful person violence."

[caveat_civis]

"A person is guilty of an offence if he causes another to apprehend immediate and unlawful person violence."

Quick question - where does that quote come from? I thought assault was a common law offence rather than being written in statute?

[Obsidian_Eclipse]

Quick question - where does that quote come from? I thought assault was a common law offence rather than being written in statute?

Would it be caselaw?..

[Special Dibble]

criminal damage?

[i-plod]

If you didn't give them permission and they intended to do it.

"A person is guilty of an offence if he causes another to apprehend immediate and unlawful person violence."

GP here is quoting meaning of common assault - Summary offence.

I don't think Criminal Damage would stick obviously depending on the circs. If it was just water then I think it would be difficult to prove the intent (if they denied it) to damage their clothing or if they considered it might damage it etc. If it was dye or paint that would be easier to prove.

[andituk]

Quick question - where does that quote come from? I thought assault was a common law offence rather than being written in statute?

Whilst I believe that assault is against common law, the offences of "Common Assault" and "Battery" are defined by s39 Criminal Justice act 1988.

[Fry]

Whilst I believe that assault is against common law, the offences of "Common Assault" and "Battery" are defined by s39 Criminal Justice act 1988.

That act just says that assault/battery is/are summary offences.

http://www.legislati...8/33/section/39

The definition comes from caselaw, as far as I remember.

[ococircusboy]

Quick question - where does that quote come from? I thought assault was a common law offence rather than being written in statute?

Beaten to it!

Edited by ococircusboy, 23 August 2012 - 10:06 AM.

[i-plod]

Does anyone have the definition of Battery? I can find all the info on the offence and law but not the actual definition of Battery or what would be considered battery.

[andituk]

Isn't anything where you actually touch someone battery, and common assault just making them apprehend immediate and unlawful violence?

Although I've already been wrong in this thread already

[Myky]

Does anyone have the definition of Battery? I can find all the info on the offence and law but not the actual definition of Battery or what would be considered battery.

Battery is the unlawful application of force against another person. Assault is making someone fear it.

so if i snuck up on you from behind and punched you. I would be guilty of battery but not assault as you could not fear the violence.

but if i walked over to you in an aggressive manner then punched you then i would be guilty of assault and battery.

Edited by Myky, 23 August 2012 - 10:52 AM.

[i-plod]

Yes so for throwing water would be Common assault & battery if they where caused to apprehend immediate and unlawful violence.

Wouldn't that also stick for you sneaking up scenario if after you punched the individual they feared further violence...?

[Myky]

Yes so for throwing water would be Common assault & battery if they where caused to apprehend immediate and unlawful violence.

Wouldn't that also stick for you sneaking up scenario if after you punched the individual they feared further violence...?

possibly.... take happy slapping for example where they slapped you then ran away. if you punched me then stayed being aggressive then yes.

[i-plod]

Yeah I agree if they run away then there cant be any fear of violence and if you didn't know it was going to happen you were not already in feat of it etc.

[richr]

CPS guidance (which is surprisingly readable!)

[Rob90]

Quick question - where does that quote come from? I thought assault was a common law offence rather than being written in statute?

There are various cases which in which the courts have enumerated upon what shall constitute an assault, my personal favourite is that of Fagan v Metropolitan Police Commissioner [1969] 1 Q.B. 439

An assault is any act which intentionally - or possibly recklessly - causes another person to apprehend immediate and unlawful personal violence.

Per James J at 444

Edited by Rob90, 24 August 2012 - 11:48 PM.

[P3DRO]

my personal favourite is that of Fagan v Metropolitan Police Commissioner [1969] 1 Q.B. 439

Ahh fagan, the criminal mastermind of victorian london. Made a nice living after selling on those 'previously owned' hankerchiefs :-D

Back to point though, if there was an assault on someone, could you still try to charge for ABH. My point being there is more than likely going to be a bruise and at worst a red tender area.

Edit: scene; pub brawl / drunken fight but not affray

Edited by Sparkypete, 28 August 2012 - 04:38 PM.

[Dean Horton]

Does anyone have the definition of Battery? I can find all the info on the offence and law but not the actual definition of Battery or what would be considered battery.

Battery is where a person intentionally or recklessly applies unlawful force to another person.