Non-fatal Offences- ABH Flashcards
What section is ABH charged under?
S.47
What are the charges for ABH?
Max 5 years
What kind of offence is ABH?
Either-way offence
What is actual bodily harm according to Miller 1954?
Any injury which is calculated to interfere with the health or comfort of the victim
What is ABH also known as?
Aggravated assault
What is the definition of ABH?
An assault which causes ABH with the intention too To cause the victim to fear unlawful force of subject unlawful force or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force
What must the prosecution establish?
The existence of assault or battery
What did the case T V DPP 2003 say?
Harm does not have to be serious it can be a bruise or scratch
What kind of offence is ABH?
A basic intent crime
What is it not necessary to prove ?
Intention or recklessness to ABH , just to whether there was assault or battery
Which case said that harm can include psychiatric injury ?
Chan Fook
Which case said that cutting off a victims hair can amount to ABH?
R v Smith 2006
What act is ABH charged under?
OAPA 1861
