In DPP v. Taylor, DPP v. Little 1992 1 QB 645, 95 Cr App R 28, it was held that common assault is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988.
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Common assault is now available as an alternative verdict under section 6(3) of the Criminal Law Act 1967, by virtue of section 6(3A) of that Act (which was inserted by section 11 of the Domestic Violence, Crime and Victims Act 2004).
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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.
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The second form of assault referred to is the offence described as common assault in section 39 of the Criminal Justice Act 1988, which is also known as psychic assault or simply assault.
Confusingly, the terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as s 40(3)(a) of the Criminal Justice Act 1988.
In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.
Chris Walby was convicted of common assault, and granted a conditional discharge.