ABSTRACT
Assault and battery are separate offences and are to be regarded as summary offences except when charged under s 47 of the OAPA 1861. Much confusion had resulted from the fact that judges used the word ‘assault’ to mean battery. Assault is causing another to apprehend immediate and unlawful violence will be inflicted upon him. Therefore, assault occurs without any physical contact. There is no need to prove that the victim was actually frightened. It is enough to show that he or she apprehended that some personal violence is likely to occur. It is not necessary for there to be any hostility or aggressive or rude behaviour. Words alone may amount to an assault and may of course negative an assault. The decision in Ireland holds that silence can amount to an assault but that will very much depend on the circumstances of the case. The House of Lords also held that the apprehension of psychological injury is sufficient but that may depend on a previous course of conduct having be established-as in Burstow.
