THE DEFINITION OF ACTUAL BODILY HARM (ABH)
Offences against the Person Act 1861, section 47
` Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable to imprisonment for not more than five years'.
This offence is triable either way, being in the Magistrates Court, or the Crown Court.
The Magistrates, on hearing the alleged facts, decide whether or not, to accept jurisdiction for trial in the Magistrates Court. If the facts of the matter are considered so serious, depending on all the circumstances of the allegation, the Magistrates would then decline jurisdiction, and the matter be sent to the crown Court for trial.
What Are The Elements Of The Offence ?
It is necessary for there to be an assault or a battery. The result must be some bodily harm, and to which was reasonable to have been foreseen as a consequence of the assault or battery.
Definition of an Assault
When a person intentionally or recklessly causes another to apprehend immediate unlawful violence.
Definition of a Battery
When a person intentionally or recklessly applies unlawful force to the `victim`
Each allegation is on different facts in relation to this section, and for advice on Actual Bodily Harm and the law, contact Penman Sedgwick.
If you need advice on a legal matter please contact us, and we will respond as soon as possible, or call us on 01923 225212.