What is the sentence for common assault in South Africa?

What is the sentence for common assault in South Africa?

Assault GBH normally carries a heavier sentence, such as imprisonment, whereas common assault is usually only penalised with a fine.

How long is the sentence for common assault?

Common assault: the maximum sentence is six months’ custody.

Will I go to jail for common assault?

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. The maximum prison sentence for common assault is 6 months. You can avoid prison even if these factors exist if there are what are known as mitigating factors.

What is the minimum sentence for assault in South Africa?

The least severe mandatory sentence is 15 years imprisonment, rising to 20 and 25 years for offenders with previous convictions for the same offence. The legislation thus provides for progressively harsher penalties for repeat offenders.

What happens if you’re charged with common assault?

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

Is common assault a serious offence?

This offence is a common assault on police or prison officers acting in the execution of their duty, or on a person helping them. If an assault leads to more significant injury than is covered by common assault then the attacker would potentially be guilty of a more serious offence – either ABH or GBH.

What happens when you are charged with common assault?

Can common assault charges be dropped?

Most assault or domestic violence cases have victims that want to drop the charges. Unfortunately, many times the charges have already been filed with the prosecutor by the police. This means the decision as whether to drop charges is within the sole discretion of the prosecutor.

What happens if you plead not guilty to common assault?

Pleading not guilty means that you say you didn’t do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you.

What happens if charged with common assault?

What is the minimum sentence in South Africa for robbery?

6.1 Summary South African law provides minimum sentences of imprisonment for a relatively small range of serious offences, including murder, rape, robbery and serious economic crimes. The least severe mandatory sentence is 15 years imprisonment, rising to 20 and 25 years for offenders with previous convictions for the same offence.

What is the sentence for common assault and kidnapping?

Common assault normally, for a first offense, attracts a suspended sentence. Kidnapping is a bit more serious and depending on the circumstances, direct imprisonment is a probability. I am sorry for the cryptic nature of the answer, but this is the best I can do at this stage with the information at my disposal.

What is the punishment for treason in South Africa?

They cannot hear cases of murder, treason, rape, terrorism or sabotage, and can sentence a person to a maximum of 3 years in prison or a fine of up to R120 000. In terms of the trial courts determining the appropriate punishment and jail time, there are three guiding principles that must be considered.

How do courts decide sentencing in South Africa?

The trials courts of South Africa are primarily responsible for sentencing. It is well within their discretion to determine the type and severity of a sentence on a case-by-case basis. High Courts hear only the most serious criminal cases, while Magistrates’ in the Regional Courts try all crimes except treason.