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Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory [1] offence of aggravated assault [2] in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands.
This includes assault occasioning actual bodily harm, where the victim suffers injuries such as bruising or skin abrasions (the converse being an injury that is "transient and trifling"); wounding (a piercing of all layers of the skin); and causing grievous bodily harm (injuries more serious than in actual bodily harm, for example broken bones).
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
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).
Where it is tried on indictment a Crown Court has no greater powers of sentencing than a magistrates' court would, unless the battery itself constitutes actual bodily harm or greater. It is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
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.
In Queen's Printer copies of this act, the marginal notes to this section read "assault occasioning bodily harm" and "common assault". This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences against the Person Act 1997. Assault occasioning actual bodily harm
The body of the victim includes all parts of his body, including his organs, his nervous system and his brain. Bodily injury therefore may include injury to any of those parts of his body responsible for his mental and other faculties. He went on to say: Accordingly the phrase "actual bodily harm" is capable of include psychiatric injury.