Search results
Results from the WOW.Com Content Network
Common assault is an offence in English law.It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant.In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
The Offences against the Person Act 1861 (24 & 25 Vict. c. 100) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland.It consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single Act.
The common law offence of assault occasioning actual bodily harm was abolished, [10] and section 47 of the Offences against the Person Act 1861 was repealed, [11] on a date three months after 19 May 1997. [12] The modern offences of assault, assault causing harm, and causing serious harm were created by that Act. [13]
The maximum penalty, five years, is the same as that for actual bodily harm, but a section 20 offence is considered more serious by the courts and the Crown Prosecution Service. [39] A judge is free on the facts of the case to allow a jury find a defendant guilty of assault occasioning actual bodily harm where a defendant is charged with a ...
The addition of subsections to section 39 (common assault and battery to be summary offences) of the Criminal Justice Act 1988. Section 39 was renumbered as 39(1); 39(2) was added in reference to the new Act.
An offence under section 170 of the Customs and Excise Management Act 1979, in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36), is a specified sexual offence.
This issue is so prevalent that the crime of sexual assault [3] would be better labelled a sexual battery. This confusion stems from the fact that both assault and battery can be referred to as common assault. In practice, if charged with such an offence, the wording will read "assault by beating", but this means the same as "battery".
This offence is created by section 38 of the Offences against the Person Act 1861 which provides: . Whosoever ... shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any ...