ABH

Question 1

What category of offence is ABH?

Answer 1

A triable either way offence

Question 2

What are the maximum sentencing powers for ABH?

Answer 2

5 years

Question 3

Give an Ao2 point about the sentencing powers of ABH?

Answer 3

They’re the same as GBH 20 despite being a lesser offence

Question 4

Give the definition of ABH

Answer 4

An assault or battery occasioning actual bodily harm with intention or subjective recklessness to commit the common assault

Question 5

Where is ABH charged?

Answer 5

S47 Offences Against the Person Act

Question 6

Give the facts of Miller

Answer 6

D there his wife to the floor on multiple occasions and raped her

Question 7

Give the ratio of Miller

Answer 7

ABH includes any harm or injury calculated to interfere with the health or comfort of the victim

Question 8

Give the facts of T v DPP

Answer 8

V was kicked and suffered a short loss of consciousness

Question 9

Give the ratio of T v DPP

Answer 9

Short loss of consciousness is sufficient for ABH

Question 10

Give the facts of DPP v Smith

Answer 10

D broke into his ex girlfriends house and cut off her ponytail

Question 11

Give the ratio of DPP v Smith

Answer 11

Cutting the V’s hair can amount to ABH - extends ABH to cover features

Question 12

Give the facts of Chan Fook

Answer 12

V was locked in a room and so scared of D’s return that he jumped out of a window

Question 13

Give the ratio of Chan Fook

Answer 13

Psychiatric harm must be more than mere emotion it must be a recognised medical condition

Question 14

Give the facts of DPP v K

Answer 14

D placed acid in a hand dryer and V was burnt as a result

Question 15

Give the ratio of DPP v K

Answer 15

ABH can be committed indirectly

Question 16

Give the significance of Cunningham

Answer 16

Subjective recklessness is sufficient for ABH

Question 17

Give the facts of Savage

Answer 17

D throws beer and accidentally lets go of the glass

Question 18

Give the ratio of Savage

Answer 18

D does not need to foresee or intend any ABH

Question 19

Give the facts of Parmenter

Answer 19

D threw his baby in the air causing severe bruising

Question 20

Give the ratio of Parmenter

Answer 20

D doesn’t need to foresee or intend any ABH

Question 21

Give six of the CPS charging standards for ABH

Answer 21

Broken tooth
Minor fractures
Broken nose
Swellings
Multiple bruising
Cuts requiring stitches

Question 22

What is necessary for an ABH to be proven

Answer 22

An assault or battery