ABH Flashcards
What category of offence is ABH?
A triable either way offence
What are the maximum sentencing powers for ABH?
5 years
Give an Ao2 point about the sentencing powers of ABH?
They’re the same as GBH 20 despite being a lesser offence
Give the definition of ABH
An assault or battery occasioning actual bodily harm with intention or subjective recklessness to commit the common assault
Where is ABH charged?
S47 Offences Against the Person Act
Give the facts of Miller
D there his wife to the floor on multiple occasions and raped her
Give the ratio of Miller
ABH includes any harm or injury calculated to interfere with the health or comfort of the victim
Give the facts of T v DPP
V was kicked and suffered a short loss of consciousness
Give the ratio of T v DPP
Short loss of consciousness is sufficient for ABH
Give the facts of DPP v Smith
D broke into his ex girlfriends house and cut off her ponytail
Give the ratio of DPP v Smith
Cutting the V’s hair can amount to ABH - extends ABH to cover features
Give the facts of Chan Fook
V was locked in a room and so scared of D’s return that he jumped out of a window
Give the ratio of Chan Fook
Psychiatric harm must be more than mere emotion it must be a recognised medical condition
Give the facts of DPP v K
D placed acid in a hand dryer and V was burnt as a result
Give the ratio of DPP v K
ABH can be committed indirectly
Give the significance of Cunningham
Subjective recklessness is sufficient for ABH
Give the facts of Savage
D throws beer and accidentally lets go of the glass
Give the ratio of Savage
D does not need to foresee or intend any ABH
Give the facts of Parmenter
D threw his baby in the air causing severe bruising
Give the ratio of Parmenter
D doesn’t need to foresee or intend any ABH
Give six of the CPS charging standards for ABH
Broken tooth Minor fractures Broken nose Swellings Multiple bruising Cuts requiring stitches
What is necessary for an ABH to be proven
An assault or battery
