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:
“The work of the world is common as mud.
Botched, it smears the hands, crumbles to dust.
But the thing worth doing well done
has a shape that satisfies, clean and evident.
...
The pitcher cries for water to carry
and a person for work that is real.”
—Marge Piercy (b. 1936)
“The treatment of the incident of the assault upon the sailors of the Baltimore is so conciliatory and friendly that I am of the opinion that there is a good prospect that the differences growing out of that serious affair can now be adjusted upon terms satisfactory to this Government by the usual methods and without special powers from Congress.”
—Benjamin Harrison (1833–1901)