him in the immediate future. One example of "immediacy" adopted by the House in that case was that a man who said, "I will be at your door in a minute or two," might (in the circumstances where those words amounted to a threat) be guilty of an assault. See also R v Constanza. Mens rea The mens rea is that this fear must have been caused either intentionally or recklessly. A battery is committed when the threatened force actually results in contact to the other and that contact was caused either intentionally or recklessly. Defences Self-defence is available when reasonable force is used to prevent harm to self or another. Prevention of a greater crime or with the purpose of aiding a lawful arrest is also known as The Public Defence. The Private Defence or defence of property also may be used as an argument. These arguments are not strictly defences but justifications for a certain level of force. Alternative verdict The original effect of sections 39 and 40 of the Criminal Justice Act 1988 was that common assault was not available as an alternative verdict under section 6(3) of the Criminal Law Act 1967. 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). Whether it is a statutory offence In DPP v. Taylor and DPP v. Little it was held that common assault is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. This decision was criticisedSmith and Hogan, Criminal Law, 9th Ed, p.402 and in Haystead v DPP the Divisional court expressed the obiter opinion that common assault remains a common law offence. Mode of trial and sentence In England and Wales, it is a summary offence. However, where section 40 of the Criminal Justice Act 1988 applies, it can be an additional charge on an indictment. It is usually tried summarily. However, if it is tried, it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:R v Nottingham Crown Court ex parte Director of Public ProsecutionsR v Dunn'' Racially or religiously