Assault Charge

[Uptheduff]

Can you be charged with assault if that person wasnt facing you? Surely if they cant see you, they cant apprehend an attack?

[hc4361]

Yes, common assault under s,39 CJA

"An offence of Common Assault is committed when a person either assaults another person or commits a battery"

[EDDIE51]

Yes you can, and as it was an attack from behind the offence is likely to be viewed more seriously. You can't use self defence as mitigation.

[Cloverjo]

I don't understand this question. How would it be any mitigation if the victim wasn't facing the assailant? It makes it worse, surely?

[hc4361]

Cloverjo, the OP is referring to the definition of assault under s.39

"An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force"

This differs to the offence of common assault because no physical assault needs to occur, the victim just needs to believe it's going to happen

https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard

[jno]

Apprehension does seem to be required

https://en.m.wikipedia.org/wiki/Common_assault

There is this, however

https://en.m.wikipedia.org/wiki/Assault_occasioning_actual_bodily_harm

Wiki could be all wrong, however.

[Cloverjo]

Thanks, hc.
I suppose if the 'assault' actually occurred the charge would be battery.

[hc4361]

Common assault or battery, cloverjo

"An offence of Common Assault is committed when a person either assaults another person or commits a battery"

[Uptheduff]

This is my confusion


Surely apprehension and a knowledge that you are going to be touched constitutes the assault.

If you are facing the other way and have no knowledge.

How is it assault?

If the injury was hair pulling, for example.

Is that really an assault??

[hc4361]

Yes, hair pulling is assault.
The law differentiates between being frightened of being assaulted and actually being assaulted - as explained above.

Splashing somebody with water, putting a hand on their arm, pulling hair, spitting on clothing are all examples of common assault - even if they happen from behind.

[New Judge]

Yes, hair pulling is an assault.

Common Assault under S39 encompasses both assault where contact is made (often termed "assault by beating") and assault where no contact is made but where the victim "apprehends" physical violence (i.e. believes he might suffer violence). Both types of offences are "Common Assault".

As usual with a question like this the answer is that it would firstly be a matter for the CPS to bring charges and secondly for a court to decide if the allegation was denied. Nobody can say that in every set of circumstances a victim may not "apprehend" violence if he was not facing his attacker.

[Old_Geezer]

Your lawyer will know any loopholes better than yourself.

England/Wales details here. https://en.m.wikipedia.org/wiki/Battery_(crime)

[Peter Pedant]

thx NJ your advice is definitive

it cd be assault if they were facing you and then werent.
So the hair was yanked when turned away. I like NJ's non legal question - did you do it ? If you did and want to argue the niceties - hire a lawyer.

which reminds me
In POW camp 1943 my doctor father was detailed to defend a Tommy who had attacked a German guard. The commandant was demanding a court-martial ( but he couldnt remember which legal system) . The Tommy had been bayoneted--in the buttocks - hence the story.
My father in cross examination of the guard - in German of course, he was an interpreter - said - "You were attacked?" [ja}
" Buttocks forward ? No one attacks like that!"
convicted
so yeah it is worth a go.