abh - Actual Bodily Harm
Автор: All About UK Law
Загружено: 2016-01-13
Просмотров: 2676
Описание:
ABH, common assault and GBH (Grevious Bodily Harm) is governed by the Criminal Justice Act 1988 and the Offences Against the Person Act 1861.
Actual Bodily Harm (ABH) Assault causing actual bodily harm (ABH) is a criminal offence which is governed by Section 47 of the Offences Against the Person Act.
Remember when dealing with ABH there only needs to be intention to apply unlawful force not the intention to cause actual bodily harm (ABH). If someone pushes another he will have intended to apply unlawful force. If the person who was pushed then hits his head this will be charged under Section 47 even if the defendant did not intend the victim to hurt their head.
ABH carries a maximum sentence of five years. As with common assault, if someone is being prosecuted for the first time it is very unlikely that they will go to prison and a fine would be the usual outcome. If the offender has previous convictions or it is proven to have had a particular motivation for the attack, specifically if it is racially motivated this could lead to a prison sentence.
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