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Where a person is convicted on indictment of assault occasioning actual bodily harm, other than an offence for which the sentence falls to be imposed under section 227 or 228 of the Criminal Justice Act 2003, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition ...
Assault occasioning actual bodily harm (and derivative offences) Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) [ 2 ] These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861 .
R v Savage; R v Parmenter [1991] [1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm.
R v Constanza [1997] is an English case reaching the Court of Appeal and is well-known (amongst other cases) for establishing the legal precedent in English criminal law that assault could be committed by causing the victim to apprehend violence which was to take place some time in the not immediate future, that it is not necessary for the victim to see the potential perpetrator of the ...
An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "grievous bodily harm" (GBH). Assault occasioning actual bodily harm This offence is created by section 47 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100).
They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences Against the Person Act 1861). The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative.
He said that juries "should not be directed that an assault which causes a hysterical and nervous condition is an assault occasioning actual bodily harm". This was followed by the Court of Appeal in R v Constanza, [3] and the House of Lords which confirmed the principle in R v Burstow, R v Ireland. [4]
Pages in category "People convicted of assault occasioning actual bodily harm" The following 16 pages are in this category, out of 16 total. This list may not reflect recent changes .