Assault by Magna Akanbi Aisha.
Did you know that Assault originated as a common law offence?
There has been a controversy as to whether it is still a common law offence or a statutory offence; in the case of Dpp v Little it was stated that it is now a statutory offence. However a later case of Haystead V Chief constable of Derbyshire decided that it remains a common law offence.
Assault is a threat or attempt to inflict offensive physical contact or bodily harm on a person.
S.171 of the CLL provides that an Assault is unlawful and constitutes an offence unless it is authorised or justified by law.
The offence of Assault is provided for in S.252 and S.253 of the criminal code. S.252 of the criminal code defines Assault.
Requirements: the accused must have actually done the following to the person of another: Struck, touched, moved,or applied force.
An Assault is justified where the accused has a reason backed by law for the Assault. An accused that strikes, touches or applies force or threatens to apply force in self_ defence or private defense is justified in doing so.
Fact to note: Assault is a misdemeanor.S.351 of the Criminal code provides a punishment of one_ year imprisonment for an accused convicted of assault.
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