Assault and Offences of Violence

The most common form of assault is literally termed Common Assault.

Historically assault merely required putting a victim in imminent fear of physical harm (ie without actually touching). “Battery” involved the actual touching, hitting, or the application of physical harm.

Common language is such that “assault” now refers to both.

Common Assault carries a maximum penalty of 2 years imprisonment.

Assault “occasioning actual bodily harm” is the next offence up the line. The law defines actual bodily harm as being “more than transient and trifling, but need not be permanent.” The maximum prison sentence in this regard is 5 years.

Grievous Bodily Harm is the next offence up the line. The law defines this term as literally being harm of “really serious kind.” There is case law in relation to this term, but in essence a Magistrate or Judge has a broad discretion as to whether the definition is met. An experienced criminal lawyer will be familiar with the likelihood of finding of a Magistrate / Judge in this regard. The ultimate maximum depends upon factors such as whether the harm was recklessly or maliciously inflicted.