What does ABH mean and the sentence
Is stated that any assault occasionally boldily harm can be included, carrying out a max sentence of 5 years
What type of offence is ABH and must the court prove
It is triable either way, the court must prove these 3 things; 1) any assault, 2) causing and 3) actual bodily harm
What must the prosecution prove and what does the term ‘assault’ include
The prosecution must prove that the assualt/ battery casued ABH. The term assault includes ‘intentionally or recklessly causing the victim to apprehend immediately force’
What are the 2 cases that ascended to ABH
R v Ireland, ascended from assault to ABH
R v Roberts ascended from battery to ABH
What does the case of chan-fook define
Defines ‘actual’ indicate injury should not be trivial as to he wholly insignificant
What does the case of r v Miller state
It defines that GBH includes, hurt or injury calculated to interfere with health or comfort
What does the case of r v Ireland state
The injury must be identifiable medical condition, ABH can include psychiatric injury/ nervous shock
What is the evaluation point for ‘protects victims from real harm’ for ABH
Covers injuries that are more than minor, giving protection even if it’s not life threatening. However, the term abh is vague, and doesn’t define clearly what enough what level of harm
What are the 4 evaluation points for ABH
- protects victims from real harm
- low mens rea threshold, simplifies prosecution
- case law helps guide interpretation
- punishment fits crime
What does the evaluation points for ‘case law helps guide interpretation’ state for ABH
Cases like miller and chan-fook defines what count as ABH. However, this reliance on old case law makes the offence outdated and unclear
What does the evaluation point ‘punishment fits the crime’state for ABH
Provides a useful step between common assault and GBH, ensuring punishment fits the crime. However, the max sentence is 5 years same as gbh s.20, seems disproportionate
What is the evaluation point for ‘low men’s threshold simplifying prosecution’ for ABH
Only intention or recklessness is needed, making it easier to prove in court. However, it can be seen as unfair, as someone convicted of ABH without intending harm
What is the evaluation point for ‘protects victims from real harm’ for ABH
Covers injuries that are more minor, giving protection even if it’s not life threatening. However, the term ABH is vague, and doesn’t define clearly enough what level of harm is
