Criminal Law Code as at 1st March 2007 89 Assault (1) Any person who⎯ (a) commits an assault upon another person intending to cause that other person bodily harm or realising that there is a real risk or possibility that bodily harm may result; or (b) threatens, whether by words or gestures, to assault another person, intending to inspire, or realising that there is a real risk or possibility of inspiring, in the mind of the person threatened a reasonable fear or belief that force will immediately be used against him or her; shall be guilty of assault and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both. (2) It shall be no defence to a charge of assault that, at the time the fear or belief referred to in paragraph (b) of subsection (1) is inspired, the person inspiring such fear or belief lacks the ability to effect his or her purpose. (3) In determining an appropriate sentence to be imposed upon a person convicted of assault, and without derogating from the court’s power to have regard to any other relevant considerations, a court shall have regard to the following⎯ (a) the age and physical condition of the person assaulted; (b) the degree of force or violence used in the assault; (c) whether or not any weapon was used to commit the assault; (d) whether or not the person carrying out the assault intended to inflict serious bodily harm; (e) whether or not the person carrying out the assault was in a position of authority over the person assaulted; (f) in a case where the act constituting the assault was intended to cause any substance to be consumed by another person, the possibility that third persons might be harmed thereby, and whether such persons were so harmed. 90 Negligently causing serious bodily harm Any person who by any act whatsoever causes serious bodily harm to another person negligently failing to realise that serious bodily harm may result from his or her conduct or negligently failing to guard against that possibility shall be guilty of negligently causing serious bodily harm and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. 91 Assault of person other than intended victim If a person commits or attempts to commit an assault upon a person and in so doing causes bodily harm to someone other than his or her intended victim, he or she shall be guilty of the following crimes⎯ (a) in respect of the person who was his or her intended victim, assault or attempted assault, whichever is appropriate in the circumstances; (b) in respect of the person who was not his or her intended victim⎯ (i) assault, if he or she realised that there was a real risk or possibility that bodily harm might be caused to that person; or - 58 -