What is common assault in South Africa?

In South Africa, this type of assault is identified by the description “assault with intent to do grievous bodily harm”, which is more commonly referred to as “assault GBH”. Assault GBH normally carries a heavier sentence, such as imprisonment, whereas common assault is usually only penalised with a fine.

What is the maximum sentence for common assault in England?

six months
Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a common assault first offence is likely to receive a fine rather than a custodial sentence.

What is the sentence for aggravated assault in the UK?

the maximum sentence is five years’ custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.

Is an extended sentence for racially aggravated common assault appropriate?

Racially or religiously aggravated common assault is a specified offence. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279 ).

What is the new guidance for sentencing aggravated offences of common assault?

New guidance for sentencing aggravated offences of common assault on emergency workers to reflect changes in legislation (external link, opens in a new tab). This has been aligned with the ‘uplift’ approach used for racially and religiously aggravated offences

What is the maximum sentence for an aggravated offence of race?

The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation. Maximum sentence for the aggravated offence on indictment is 1 year’s custody (maximum when tried summarily is 6 months’ custody)

How is the offence category of a racially or religiously aggravated offence determined?

For racially or religiously aggravated offences the category of the offence should be identified with reference to the factors below, and the sentence increased in accordance with the guidance at Step Three The court should determine the offence category with reference only to the factors listed in the tables below.