Section 47 ABH Flashcards
What is a triable either way offence?
An offence that can be tried either in a magistrates’ court or a crown court.
What does Section 47 of the Offences Against the Person Act 1861 address?
It addresses Actual Bodily Harm.
What constitutes Actual Bodily Harm (ABH)?
Intentionally or recklessly assaulting another person, causing Actual Bodily Harm.
What does ‘occasioning’ refer to in the context of ABH?
It refers to whether the injury was caused by the act and if it was a natural consequence of that act.
Can psychiatric injury be considered under ABH?
Yes, psychiatric injury as well as physical injury can be considered.
What is necessary for an injury to qualify as ABH?
Some Actual Bodily injury which causes hurt or discomfort is necessary.
Does the injury in ABH need to be visible or permanent?
No, it need not be visible or permanent; for example, PTSD can qualify.
What is required for an injury to be classified as ABH?
There needs to be some lasting injury.
What is included in the definition of ‘injury’ for ABH?
Injury includes visible injuries.
Can temporary loss of consciousness amount to ABH?
Yes, temporary loss of consciousness could amount to ABH.
Give examples of minor injuries that would constitute ABH.
Examples include:
* Scratches
* Reddishness
* Bruising
* Swelling
