There are 4 categories of assault.
1. Common assault, section 39 Criminal Justice Act 1988. The lowest form of assault
2. ABH, section 47 Offences against the Person Act 1861
3. Unlawful wounding/GBH, section 20 of the above
4. GBH with intent, section 18 of the above.
The difference between 1 and 2 is the degree of injury and the sentencing powers available from the court. The maximum in the magistrates court is six months imprisonment. However magistrates rarely imprisoned, they would refer it to Crown Court.
Number three is committed when the person maliciously wounds another person or inflicted GBH. There has to be a breaking of the skin for there to be a wound.
Number four is the most serious assault possible where the harm was intended. It is the least common prosecuted because the next serious offence is attempted murder.
In the scenario you relate, it is likely to be charged as section 47 because as you said, she “lost it”. If she lost it, she might be able to rely on the defence of automatism (red mist).
It is worthwhile reading the CPS webpage on this subject
There is unlikely to be psychiatric condition unlesss there is history of problems in that respect
Can I clarify anything for you?
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