ABH is the proper charge where there is significant injury to another, eg extensive bruising, black eye, cuts requiring medical treatment, broken teeth or psychiatric harm. It can include the shedding of blood, except that there is an alternative charge of malicious wounding which is intended to cover such an injury. There is a tendency to be rather flexible about the range of injuries encompassed in the notion of ABH on the part of the CPS to keep the case in the magistrates' court, the idea being to cut down costs. There have been cases of injuries consistent with a charge of GBH being reduced to "ABH" by the CPS, who are anxious to avoid a jury trial, where there is an indication that a guilty plea might be forthcoming, as common assault can only be heard in the Magistrates' Court. Similarly charges of "ABH" are vert frequently reduced to charges of common assault by prosecutors determined to keep them in the Magistrates' Court. An offence of assault is tried in the magistrates' court, with a maximum fine of up to £5,000 and/or six months' imprisonment.
If there is a racial element to the assault, the individual may be charged with racially aggravated assault under Section 29 of the Crime and Disorder Act 1998. In the magistrates' court the penalty is the same as for common assault a fine of up to £5,000, six months' imprisonment or both. In the Crown Court the penalty is two years' imprisonment, an unlimited fine or both.
Where the charge is one of ABH,.The maximum sentence in the magistrates' court is six months' imprisonment, a fine of up to £5,000 or both. In the Crown Court the maximum sanction is five years' imprisonment, an unlimited fine or both. As above, if the offence is racially aggravated, the sanction is the same in the magistrates' court but goes up to seven years imprisonment, an unlimited fine or both in the Crown Court.
Assaults which have more serious physical and mental consequences may be judged to be assaults occasioning grievous bodily harm (GBH), eg broken limbs or injuries resulting in lengthy treatment or incapacity. The penalties for GBH are severe, with the possibility of life imprisonment if the offence is committed with intent. For GBH without intent, the maximum sentence is five years' imprisonment.
2006-11-08 08:48:09
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answer #1
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answered by Doethineb 7
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This Site Might Help You.
RE:
Whats the difference between ABH and GBH, injuries and punishment?
Actually Bodily Harm and Grevious Bodily Harm - what'd the diference?
2015-08-24 11:03:03
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answer #2
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answered by Isacco 1
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Abh And Gbh
2016-12-16 08:53:48
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answer #3
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answered by Anonymous
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Gbh And Abh
2016-11-14 04:11:24
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answer #4
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answered by ? 4
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It's a matter of degree. Surface injuries, such as bruises and grazes, fall within the category of ABH, while more serious injuries, such as broken bones, are categorised as GBH. As a rough rule of thumb: Examples of ABH: loss or breaking of teeth temporary loss of sensory functions extensive or multiple bruising minor fractures and cuts requiring stitches psychiatric injury going beyond fear, distress or panic Examples of GBH: injury resulting in some permanent disability or visible disfigurement broken or displaced limbs or bones injuries requiring blood transfusion or lengthy treatment
2016-04-11 06:10:45
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answer #5
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answered by Heidi 4
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grievous bodily harm (section 20) ''requires an open wound'' i.e the skin must be broken and sentence can be anything up to life if it's assault with intent (section 18 of the criminal act)
abh means miner cuts and bruises, for example a common assault. The sentence can be a fine to a prision term of three years.
2006-11-08 08:01:28
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answer #6
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answered by Heather 5
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actual bodily harm is a minor injury i.e a bruise
grevious bodily harm is serious injury i.e broken leg
The difference between gbh with intent is life imprisonment (that means you mean't to do it)
Just GBH is 18years that could be you threw something or lashed out without real intent to cause harm
Any good to you
Just pray that they do not charge you with GBH with intent (LIFE)
2006-11-08 08:03:10
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answer #7
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answered by Anonymous
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I"m not interested in the difference.
The perpetrators should be locked up and given the "Birch" every Friday afternoon. This will give them the weekend to recover.
I bet they wouldn"t beat up anyone else when they eventually got out of jail.
2006-11-08 08:10:57
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answer #8
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answered by researcher 3
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