ABH

Question 1

what type of offence is ABH?

Answer 1

either-way

Question 2

what is the max sentence for ABH?

Answer 2

5 years’ imprisonment

Question 3

what is the AR for ABH?

Answer 3

commit common assault that occasions actual bodily harm

Question 4

what is meant by common assault?

Answer 4

simple assault or battery

Question 5

re: AR for ABH

what is meant by ‘occasions’?

Answer 5

the assault/battery must cause the harm (factual + legal causation)

Question 6

re: AR for ABH

what is ABH?

Answer 6

the harm need not be serious, but must be more than transient and trifling (i.e. it must cause more than minor injury/pain/discomfort)

Question 7

re: AR for ABH

give some examples of ABH

Answer 7

split lip, stitches, cutting a large chunk of hair, medically recognised psychiatric condition

Question 8

re: AR for ABH

give examples of injuries that do not amount to ABH

Answer 8

small bruise, minor scratch, mark from slap, minor mental harm i.e. panic attack, nervous disposition

Question 9

what is the MR for ABH?

Answer 9

intentionally or recklessly commit common assault which causes ABH