Gavin Howe
Common law traditionally distinguishes between assault and battery, with battery referring to actual bodily contact and assault referring to a credible threat or attempt to cause battery. However, some jurisdictions have combined the two offences into a single crime called assault and battery, which has led to a broader definition of assault. English law, for instance, recognises two types of assault: common assault and battery. Common assault involves threatening behaviour or minor injuries that do not result in physical harm, while battery involves any unlawful touching. Common assault may be punished with a fine or a short prison term, while battery can result in heavier penalties.
| Characteristics | Values |
|---|---|
| Number of Offences | 2 |
| Offences | Common Assault, Battery |
| Common Assault | Committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence |
| Common Assault Definition | An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact |
| Common Assault Penalty | Fine, 6 months' imprisonment |
| Battery | Actual bodily contact |
| Battery Definition | An intentional tort |
| Battery Penalty | Fine, 6 months' imprisonment |
| Aggravating Factors | Use of a weapon, intent to cause serious harm, status of the victim |
| Aggravated Assault Penalty | 3 years' imprisonment |
| Grievous Bodily Harm (GBH) | A serious offence leading to severe injuries that could endanger life |
| Grievous Bodily Harm Penalty | Substantial prison sentences |
| Actual Bodily Harm (ABH) | Assault that results in actual physical injury, such as bruising or cuts |
| Actual Bodily Harm Penalty | Community order to 3 years' imprisonment |
| Assault by Penetration | Sexual assault where penetration occurs without consent |
| Racially or Religiously Aggravated Common Assault | The least serious assault |
| Other Types of Assault | Verbal, simple, aggravated, sexual |
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What You'll Learn
Common assault
In England and Wales, the penalty and mode of trial for this offence are provided by section 39 of the Criminal Justice Act 1988. Section 39 states that common assault and battery are summary offences and that a person guilty of either shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
The term 'assault' is often used interchangeably with 'battery' in legislation, even though the two are distinct. Battery refers to actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery.
In the United States, an assault that results in personal injury is punishable by 10 years of imprisonment and a fine, while all other assaults are punishable by one year of imprisonment and a fine.
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Aggravated assault
In California, while there is no specific crime named "aggravated assault," the term refers to a range of offenses that are more severe than simple assault. These offenses include assault with a deadly weapon, assault with a firearm, and other forms of assault that pose a high risk of causing great bodily harm. For example, if someone swings a broken beer bottle at another person during an argument, the intention and capability to cause severe injury elevate the crime to aggravated assault. Similarly, pointing a loaded firearm at someone during a dispute constitutes assault with a firearm, and the presence and use of the weapon elevate the assault to aggravated assault.
In terms of punishment, the penalties for aggravated assault vary depending on the jurisdiction and the specific circumstances of the case. For example, in New Jersey, aggravated assault stemming from causing serious bodily injury is a second-degree offense, carrying a punishment of 5-10 years in prison, a fine of up to $150,000, or both. On the other hand, knowingly pointing a firearm at another person can be classified as a fourth-degree aggravated assault, with a punishment of up to 18 months in prison, a fine of up to $10,000, or both.
It is important to note that aggravated assault charges should be taken seriously, and seeking legal guidance from an experienced criminal defense attorney is crucial to navigate the legal system and work towards the best possible outcome.
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Actual bodily harm (ABH)
In England and Wales, Northern Ireland, and Australia, ABH is a separate offence from common assault and is considered a more serious charge. The Offences against the Person Act 1861 (section 47) defines ABH as any hurt or injury that interferes with the health or comfort of the victim. The harm caused must be assessed in the context of the individual case, considering factors such as the victim's age, health, and any relevant vulnerabilities.
The seriousness of the offence determines the sentencing requirements, which can include community orders, fines, or imprisonment. The threshold for imprisonment is high, as it is reserved for the most serious offences. The maximum penalty for ABH is typically higher than that of common assault, often exceeding six months of imprisonment.
The Assaults on Emergency Workers (Offences) Act 2018 further categorises common assault against an emergency worker as a more serious offence, with a maximum sentence of up to two years' imprisonment.
It is important to note that the term "actual bodily harm" may have specific legal definitions and implications depending on the jurisdiction, and the interpretation of ABH can vary across different legal systems.
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Grievous bodily harm (GBH)
GBH is often associated with sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections lies in the requirement of specific intent for section 18. The offence under section 18 is often referred to as "wounding with intent" or "causing grievous bodily harm with intent", while the offence under section 20 may be called "unlawful wounding", "malicious wounding", or "inflicting grievous bodily harm". The offence committed with intent under section 18 can carry life imprisonment, while the same offence committed without intent has a maximum sentence of 5 years.
It is important to note that GBH can be committed by maliciously wounding with or without the intent to cause GBH, or causing GBH with or without intent. The term "maliciously" in this context means that there is no defence such as self-defence, force used for preventing crime, or defence of property. Furthermore, the transmission of an STD constitutes GBH when one is aware of possessing the disease and is reckless about its transmission, as seen in the case of R v Dica.
The severity of the injuries and the intent behind the assault are crucial factors in determining the charge and punishment for GBH. The penalties for GBH are much more severe than for less serious offences, with intentional GBH potentially resulting in up to 25 years of imprisonment.
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Assault by penetration
Sexual assault by penetration is committed when a person intentionally penetrates the vagina, anus, or mouth of another person without their consent. It is important to note that this offence does not require penetration with a penis, as rape does, and can include digital penetration, or the use of fingers.
The consequences of a conviction for sexual assault by penetration are severe and life-changing. The maximum sentence for this offence is life imprisonment, and a conviction will result in a criminal record. Additionally, an individual convicted of this offence may be placed on the Sex Offenders Register for a period determined by the sentence, ranging from 2 years for a caution to indefinite for longer prison terms. A Sexual Harm Prevention Order (SHPO) may also be imposed, restricting travel or access to the Internet, and ancillary orders such as restraining or reparation orders may be applied.
In terms of sentencing, there are no inflexible rules, and the decision will be fact-specific to each case. The court will assess the seriousness of the offence, taking into account any relevant sentencing guidelines, as well as the quality and quantity of the material provided by the offender during the investigation and prosecution. The court must also consider whether to give credit for time spent on bail. It is important to note that providing assistance to the authorities can result in a reduction in the sentence, with the normal level of reduction for providing valuable information being between one-half and two-thirds of the sentence.
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Frequently asked questions
The two types of common law assault are common assault and battery. Common assault involves minor injuries or threatening behaviour that does not result in physical harm. Battery refers to the actual bodily contact.
Common assault is an offence in English law. It involves threatening behaviour or minor injuries that do not result in physical harm. It is committed when one person causes another to apprehend or fear that force is about to be used, causing some degree of personal contact and possible injury.
Battery refers to the actual bodily contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive contact with the victim.
Common legal defences against assault charges include self-defence, defence of others, consent, and mistake of fact.
