Criminal Law 2 Essay Example | Topics and Well Written Essays - 1000 words

Criminal Law 2 - Essay Example A battery is when a person intentionally and recklessly applies unlawful force to another2. Section 39 assaults are dealt with as a summary offence and carry a maximum of six months imprisonment. This can include a fine of up to  £5,000 or the sentence can be replaced by a fine on its own. On some occasions a common assault can be counted as an indictment if the requirements laid down by section 40 of the Criminal Justice Act 1988 are met. If the courts are satisfied that the assault fits the criteria for a battery then the correct charge would be assault by beating3. The difference between a section 39 assault and a section 474 assault is in the degree of injury that results from the attack. In terms of sentencing the courts can issue higher sentences for a section 47 assault. The Code for Crown Prosecutors is aware that there will be factors that will influence the decision whether to charge at the highest level or whether a lesser charge is more appropriate. In general terms grazes, scratches, abrasions and minor bruising as well as swellings, reddening of the skin, superficial cuts and a black eye will fall under the remit of a section 39 assault. When the prosecutors are deciding on the charge they will consider the degree of injury first. There are also a few cases where the degree of injury would usually amount to a common assault but because there are aggravating features to the attack the more serious charge may be appropriate. Aggravating features can include the use of a weapon, biting, gouging or kicking of a victim whilst on the grou nd, or strangulation which is for more than a fleeting moment and which caused rea; fear to the victim. Other aggravating features can include the vulnerability of the victim such as the age of the victim or any disability the victim might have. The Domestic Violence, Crime and Disorder Act 2004 s11 makes common assault an alternative to more serious offences of assault even if the count has not been