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What charge will you get for punching someone and they need 5 stitches?
Wiki User
∙ 13y ago
Given you've posted this question under 'Crime and Criminal Law' I'm assuming you want an answer from a criminal law perspective.
It's likely the person may face the charge of 'assault occasioning bodily harm'. The Qld Criminal Code defines this in S340 which stipulates that "Assault occasioning bodily harm makes it an offense to unlawfully assault another person, and thereby doing bodily harm."
Depending on all relevant circumstances such as age and previous offenses, to my understanding the offender may face a maximum of 7 years jail. However, in most cases, it will be decided strictly on the facts and generally be at the discretion of the magistrate or judge.
In relation to the law of torts, an action may be brought against the tortfeasor on the grounds of battery. It's important to distinguish between the torts of battery and assault in relation to the law of torts. Battery is the willful and intentional touching of another person (in your case, actually punching someone or even spitting on someone) as opposed to assault which is an intentional and lawful threat to cause bodily injury (ex. "I'm gonna punch you"). Hope it helped :)
Wiki User
∙ 13y ago
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