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assauly by beating
Is assault by beating more serious than common
assault?
assault?
Answers
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Relevant quotes:
"An offence of common assault is committed when a person either assaults another person or commits a battery"
"A battery is committed when a person intentionally and recklessly applies unlawful force to another"
"Where there is a battery the defendant should be charged with 'assault by beating.' "
Source:
http://www.cps.gov.uk/legal/section5/chapter_c .html#06
So, in effect, committing a battery (= "assault by beating") is identical to "common assault". The charge is still brought under Section 39 of the Criminal Justice Act and (other than in exceptional circumstances) it's still a 'summary only' offence. (i.e.it can only be heard in the magistrates' court, not in the Crown court). The maximum penalty for conviction upon either charge is 6 months imprisonment and/or a �5000 fine.
Chris
"An offence of common assault is committed when a person either assaults another person or commits a battery"
"A battery is committed when a person intentionally and recklessly applies unlawful force to another"
"Where there is a battery the defendant should be charged with 'assault by beating.' "
Source:
http://www.cps.gov.uk/legal/section5/chapter_c .html#06
So, in effect, committing a battery (= "assault by beating") is identical to "common assault". The charge is still brought under Section 39 of the Criminal Justice Act and (other than in exceptional circumstances) it's still a 'summary only' offence. (i.e.it can only be heard in the magistrates' court, not in the Crown court). The maximum penalty for conviction upon either charge is 6 months imprisonment and/or a �5000 fine.
Chris
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