Common assault sits at the foundation of offences against the person, and you will encounter it constantly in everyday criminal practice. It captures two distinct wrongs: making someone fear they are about to be struck, and actually applying unlawful force, however slight. Because no injury is required, the offence catches a wide range of conduct — and knowing exactly where its boundaries lie is essential when advising a client, charging a defendant, or running a defence.
This lesson builds your understanding step by step, from the basic structure of the offence through to the defences and the line that separates it from more serious charges.
- Overview — what common assault is, how it is tried, and the role injury plays.
- Assault (Psychic Assault) — causing someone to apprehend immediate unlawful force, including the part words play.
- Battery — the actual application of unlawful force, however minimal, and how it can be committed indirectly.
- Mens Rea — the intention or subjective recklessness needed, and how transferred malice works.
- Defences — consent, self-defence, mistaken belief, and the special householder rule.
- Intoxication and Distinction from ABH — why voluntary intoxication is no defence, and how common assault relates to ABH as a lesser included offence.