ABH, GBH and Wounding with Intent

HideShow resource information
Preview of ABH, GBH and Wounding with Intent

First 369 words of the document:

Rhian Nicole Mason
This is Assault Occasioning Actual Bodily Harm and is legislated under Section 47 of the Offences
Against the Persons Act 1861 . ABH is seen as an either way offence and is viewed on a case by
case basis.
The Actus Reus of ABH: Assault Occasioning Actual Bodily Harm
It needs to be proven that and assault has taken place
Causation ­ Factual and Legal
Harm is the injury and actual harm is not so trivial as to be "Wholly insignificant". Harm is
not limited to flesh, can also be psychological or internal, also includes hair ­ Smith (2006)
where boyfriend cut off his girlfriend's ponytail
The Mens Rea of ABH:
The intention or recklessness as to assault or battery with harm caused.
Roberts (1971) ­ fear of sexual assault, jumped out of car ­ ABH because he intended to assault
her and she was fearful of it, her injuries were caused by this fear.
This is Grievous Bodily Harm and is again an either way offence under Section 20 of Offences
Against the Persons Act 1861 .
The Actus Reus of GBH: Unlawful Wound GBH
There is no consent to the act, there is consent in boxing and tattoos for example
For the wound, skin must be broken, it has to usually be an open wound with blood loss
JCC VS Eisenhower (1984) ­ mate shot other mate in eye with pellet gun, only got ABH as
did not break the skin
Really Serious Harm ­ Brown and Stratton (1998) ­ transvestite son beat up by dad and
cousin, impulsive act so no intent
The Mens Rea of GBH is that the act is malicious or spiteful ­ Parmenter (1991) ­ handled baby
recklessly not maliciously so not GBH
This is an offense that is triable on indictment in the Crown Court, it is under Section 19 in the
Offences Against the Persons Act 1861 .
Actus Reus is the exact same as GBH Section 20.
Mens Rea is the same as GBH Section 20 and must be proven with specific intent. Belfon (1976) ­
slashed victim with razors, severe wounds to face and chest, premeditated, specific intent.


No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »