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Sentencing guidelines for assaults occasioning actual bodily harm under the offences against the person act 1861. It outlines the maximum sentences, starting points, and ranges for different types of assaults, as well as possible aggravating and mitigating factors. The document also includes relevant cases and notes on specific provisions.
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Offences Against the Person Act 1861, s.4 7 Indictment: 5 years imprisonment or an unlimited fine or both (for offences committed before 28 September 2004) 7 years imprisonment or an unlimited fine or both (for offences committed on or after 28 September 2004) Magistrates’ Court (NI) Order 1981, Art.46(4) Summary: 12 months imprisonment or a fine not exceeding the prescribed sum (£5,000) or both
(Starting points and ranges based on 1st^ time offender convicted following contest) Nature of Offence Starting Point Sentencing Range Assault resulting in relatively minor injury but amounting to actual bodily harm 3 months Custody*
Compensation Order Community Order to 6 months Custody**
Compensation Order Assault resulting in relatively serious injury OR Assault involving the use of a weapon 4 months Custody*
Compensation Order Community Order to 9 months Custody**
Compensation Order Assault involving gratuitous violence (e.g. kicking or stamping victim when on the ground) OR Assault was motiveless 6 months Custody*
Compensation Order Community Order to 12 months Custody
Compensation Order
NI Cases: