Woolfe
Need Help? Chat with us

Assault Offences


ASSAULT

There are a range of offences which fall under the category of assault. This is determined by the level of injury on the complainant has suffered.

 

 

COMMON ASSAULT

Common assault is the lowest of charges which comes under the category of assault. This is where the complainant felt fear that immediate violence would occurs. It does not require there to be actual physical touching for this offence to apply. Examples of this include:

  • Gesticulating with a fist
  • Motioning to hit, kick or punch someone
  • Act aggressively with a weapon, whether deadly or not where the victim thinks they might be hurt by It

 

BATTERY

 If physical touching occurs, the offence would be battery. When the offence of battery occurs, the victim might suffer little to no injuries. If there are more severe injuries, they are dealt with the other categories of assault crimes.

Examples of the offence of battery include:

  • Spitting
  • Slapping
  • Kicking
  • Pushing

 

ACTUAL BODILY HARM(ABH)

 ABH occurs where there has been an unlawful application of force. It is a more serious offence than battery and it determined by the level of injury on the victim.

Examples of ABH include:

  • Pushing
  • Being attacked with a weapon
  • Cuts
  • Bruises
  • Fractured bone(s)

 

GRIEVOUS BODILY HARM (GBH)

 GBH offences are the most serious of the assault type offences and this occurs where the victim suffers serious injury. This is governed by Offences against the Person Act (1861). There are two offences which fall under GBH, section 18 and section 20. Section 18 is where there has been serious injury during from a pre-planned or intentional attack. Section 20 is where there is serious injury happening via reckless conduct. Both offences are custodial offences which means you would go to prison.

Examples of GBH:

  • Wounding where the skin has been broken
  • Broken bones
  • Fractured skull
  • An injury which leads to the victim’s vision, speech, cognitive skills are weakened