Aggravated Assault
Whoever unlawfully or maliciously wounds or inflicts any grievous bodily harm on another person, either with or without a weapon or instrument, is guilty of an offence. Section 20 of the Offences Against the Person Act provides for the above.
In this context, malice means an intention to do a particular harm or recklessness as to whether such harm will occur or not. It does not require ill will. A person may be reckless where they are aware of the risk but nonetheless take it.
A wound requires a break in the skin. Inflict is a narrower concept than cause in other assault defences. Infliction involves either direct and violent action or an intentional act which directly results in force being applied to the victim’s body.
Grievous harm means serious or really serious harm. Psychiatric harm or illness may be enough in extreme cases.
But in convictions for the offence, what a person does may induce fear and cause others to attempt to escape and thereby suffer serious injury, for example, by jumping.
If a person is acquitted of the offence of assault causing grievous bodily harm, they may be convicted of assault occasioning actual bodily harm.
Consent may not be given to the infliction of bodily harm of a substantial nature. Some mutilation of the body in limited and non-aggressive circumstances may be acceptable. Inflicting grievous bodily harm may take place by the intentional infection of a serious disease.
The offence is triable summarily or on indictment. On summary conviction, it is subject to up to six months’ imprisonment and/or a fine not exceeding the statutory scale. On indictment, it is subject to punishment of up to seven years’ imprisonment.
Section 18 of the Offences Against the Person Act provides that it is an offence to unlawfully and maliciously wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to that person with intent to resist or prevent the lawful apprehension or detention of any person.
In this context, cause has a wider meaning than inflict under the Section 20 offence. The application of force need not be direct.
A specific subjective intention is required. Knowledge that gross grievous bodily harm is a virtual or certain consequence of the action does not constitute intention but would be good evidence from which a court may infer intention. Intention may also be deduced from the planned nature of the attack, deliberate selection of a weapon, or making a prior offence.
The specific type of harm need not be intended if some harm is foreseen.
The offence is triable on indictment only with punishment of up to life imprisonment.
The Offences Against the Person Act provides for a number of other offences.
Section 21 creates the offence of choking with the intention to commit an indictable offence. It is subject to conviction on indictment with punishment for up to life imprisonment.
Section 31 provides for the offence of setting man traps with the intention to cause grievous bodily harm. It is subject to punishment of up to five years on conviction on indictment.
Simple assault or battery may be prosecuted by the victim or a constable. The resident magistrate may refuse to permit the magistrate to proceed summarily if the injury is serious.
Section 43 creates the offence of aggravated assault on a child or female. This is subject on summary conviction to imprisonment of up to six months or a level 4 fine.
The offence of common assault and assault occasioning actual bodily harm have been interpreted as common law offences and provide for differing levels of punishment.
Section 16 of the Offences Against the Person Act makes it an offence, without lawful excuse, to make a threat to another intending that the other would fear that it would be carried out to kill the other person or a third person. The offence is subject, upon conviction on indictment, to imprisonment for a term of up to 10 years.