Is assault the overall word covering ABH AND GBH or is it a crime in its own? How do you disstinguish between assault ABH AND GBH?
What the difference- ABH,GBH and Assault?
Started by
sierra kilo
, Jun 27 2003 05:26 PM
12 replies to this topic
#2
Posted 27 June 2003 - 06:26 PM
Have a look at some of the Offences against the person.
Offence - Assault Police - Police Act 1996, s. 89
The Police Act 1996, s. 89 states:
(1) Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence
Offence - Common Assault/Battery - Criminal Justice Act 1988, s. 39
Offence - Assault Occasioning Actual Bodily Harm - Offences Against the Person Act 1861, s. 47
The offences Against the Person Act 1861, s. 47 States:
Whosoever shall be convicted... of any assault occasioning actual bodily harm shall be liable..... to [imprisonment] ...
Offence - Wounding or Inflicting Grevious Bodily Harm - Offences against the person Act 1861, s. 20
The offences Against the Person Act 1861, s. 20 States:
Whosoever shall unlawfully and maliciously wound or inflict any grevious bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of [an offence] ...
Offence - Wounding or Inflicting Grevious Bodily Harm with Intent - Offences against the person Act 1861, s. 18
The offences Against the Person Act 1861, s. 18 States:
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grevious bodily harm to any person with intent to do some grevious bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of [an offence] ...
Examples of s. 47
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 s20
injury resulting in some permanent disability or visible disfigurement
broken or displaced limbs or bones
injuries requiring blood transfusion or lenghty treatment
S18, being the same as s20, but the "intent" making it more serious
Offence - Assault Police - Police Act 1996, s. 89
The Police Act 1996, s. 89 states:
(1) Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence
Offence - Common Assault/Battery - Criminal Justice Act 1988, s. 39
Offence - Assault Occasioning Actual Bodily Harm - Offences Against the Person Act 1861, s. 47
The offences Against the Person Act 1861, s. 47 States:
Whosoever shall be convicted... of any assault occasioning actual bodily harm shall be liable..... to [imprisonment] ...
Offence - Wounding or Inflicting Grevious Bodily Harm - Offences against the person Act 1861, s. 20
The offences Against the Person Act 1861, s. 20 States:
Whosoever shall unlawfully and maliciously wound or inflict any grevious bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of [an offence] ...
Offence - Wounding or Inflicting Grevious Bodily Harm with Intent - Offences against the person Act 1861, s. 18
The offences Against the Person Act 1861, s. 18 States:
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grevious bodily harm to any person with intent to do some grevious bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of [an offence] ...
Examples of s. 47
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 s20
injury resulting in some permanent disability or visible disfigurement
broken or displaced limbs or bones
injuries requiring blood transfusion or lenghty treatment
S18, being the same as s20, but the "intent" making it more serious
#3
Posted 27 June 2003 - 07:38 PM
The main differences here are between Section 47,Section 20 and Section 18 woundings.
I will try and explain what happens in reality.
All are arrestable offences which means the maximum punishment at court is 5 years plus.
In practical terms this means if some one reports an assault after the event a police officer has a power of arrest.
In reality section 47s are minor cuts and bruises to the body, black eyes, whiplash from being struck bust noses, fat lips.
Section 20 wounding are the more serious injuries "grevious bodily harm" wounding broken bones broken teeth not just chipped, serious cuts, but caused without intent of causing so much injury.
Section 18 wounding" grevious bodily harm" includes the same injuries as above but what must be proved is that the assailant intended to cause the injuries. stabbings are good example of section 18.
Definition, Wounding.
Section 18 and 20 of the offences against the person act 1861.
It is an offence to unlawfully and maliciously cause or inflict a wound or grevios bodily harm.
For a wound the continuity of the skin must be fully broken.
for GBH the injury includes any harm that seriously affects the health or comfort of the victim cover cases where the skin has not been broken as well as when it had ie broken bones.
The intent part is often covered by questioning "what did you intend to do to him" compounded if a weapon of offence was used to cause injuries.
An example for a section 20 would be accepting punching someone in the face and that person falling as a result splitting their head open on the kerb.IE yes I punched him in anger but had no idea he would fall and crack his skull open as a result.
The same injuries caused by someone striking someone quite deliberatly around the head with a baseball bat would probably mean a section 18 charge.
Assaults are often lowered in severity at court to obtain a guilty plea avoiding a trial.
CPS guidelines for charging for assault and the actual law of the land are quite different. What would on paper look like a section 18 may quite easily end up a section 47. However the power of arrest is the same.
I hope this posting is of some use. I am fully aware of the definitions of all of them and yes technically hurting someones feelings is a section 47 assault etc etc but to go into all that has no useful purpose as its never used..
I have tried to post about what actually happens in reality.
I will try and explain what happens in reality.
All are arrestable offences which means the maximum punishment at court is 5 years plus.
In practical terms this means if some one reports an assault after the event a police officer has a power of arrest.
In reality section 47s are minor cuts and bruises to the body, black eyes, whiplash from being struck bust noses, fat lips.
Section 20 wounding are the more serious injuries "grevious bodily harm" wounding broken bones broken teeth not just chipped, serious cuts, but caused without intent of causing so much injury.
Section 18 wounding" grevious bodily harm" includes the same injuries as above but what must be proved is that the assailant intended to cause the injuries. stabbings are good example of section 18.
Definition, Wounding.
Section 18 and 20 of the offences against the person act 1861.
It is an offence to unlawfully and maliciously cause or inflict a wound or grevios bodily harm.
For a wound the continuity of the skin must be fully broken.
for GBH the injury includes any harm that seriously affects the health or comfort of the victim cover cases where the skin has not been broken as well as when it had ie broken bones.
The intent part is often covered by questioning "what did you intend to do to him" compounded if a weapon of offence was used to cause injuries.
An example for a section 20 would be accepting punching someone in the face and that person falling as a result splitting their head open on the kerb.IE yes I punched him in anger but had no idea he would fall and crack his skull open as a result.
The same injuries caused by someone striking someone quite deliberatly around the head with a baseball bat would probably mean a section 18 charge.
Assaults are often lowered in severity at court to obtain a guilty plea avoiding a trial.
CPS guidelines for charging for assault and the actual law of the land are quite different. What would on paper look like a section 18 may quite easily end up a section 47. However the power of arrest is the same.
I hope this posting is of some use. I am fully aware of the definitions of all of them and yes technically hurting someones feelings is a section 47 assault etc etc but to go into all that has no useful purpose as its never used..
I have tried to post about what actually happens in reality.
#4
Posted 28 June 2003 - 08:17 AM
Common Assault isn't arrestable though, unless accompanied by BoP...All are arrestable offences which means the maximum punishment at court is 5 years plus.
#5
Posted 28 June 2003 - 09:18 AM
Andy,
My post was about s 47 s20 and s18 all arrrestable offences per say but as you mention common assaults.
As from 01.10.2002 amended due to wrong date initially posted there is a power of arrest for common assault as brought in on the same day powers of arrest for failing to stop at an accident, make off , without payment and assault PC.
These offences do not carry five years imp to make them arrestable offences per-say. The legislation since the above date does give a post offence power of arrest.
My post was about s 47 s20 and s18 all arrrestable offences per say but as you mention common assaults.
As from 01.10.2002 amended due to wrong date initially posted there is a power of arrest for common assault as brought in on the same day powers of arrest for failing to stop at an accident, make off , without payment and assault PC.
These offences do not carry five years imp to make them arrestable offences per-say. The legislation since the above date does give a post offence power of arrest.
#6
Posted 28 June 2003 - 09:30 AM
What's the difference between, ABH,GBH and Assault?
I'd say about 2 hours in casualty
#7
Posted 28 June 2003 - 11:01 AM
Andy,
My post was about s 47 s20 and s18 all arrrestable offences per say but as you mention common assaults.
As from 05.04.2003 there is a power of arrest for common assault as brought in on the same day powers of arrest for failing to stop at an accident, make off , without payment and assault PC.
These offences do not carry five years imp to make them arrestable offences per-say. The legislation since the above date does give a post offence power of arrest.
Simon
Simon
I was unaware of this (common assault). Can you point me towards the legislation please?
Matthew
#8
Posted 28 June 2003 - 11:15 AM
Eedjuts guide to Met assaults -
Common Assault - An assault that does not cause a visible injury. CA5's news re it being arrestable is a new one to me. But will make me happy. Invariably we have so many of them we have gone back to the old method of getting complainants to take out a summons themselves if they wish to proceed. Although a Crime report would be created.
ABH - An assault that has resulted in a visible injury. As simple as reddening or brusing. ABH can actually also (though it's rare) be proved if mental (health) damage has been done to the victim. Arrestable.
GBH - Generally assaults which result in cuts or more serious injuries (ie a glassing, slash wound etc). Arrestable.
These are then made more complex by the Charging Standard which invariably sees all the offences downgraded by at least one level (ie ABH with bruising usually charged as a Common Assault etc). ABH is usually preferred rather than GBH because of the problem in proving intent & the lack of an alternative offence should the GBH be disproved.
Regards,
Carl
(I say Met assaults as I know every force, peculiarly, does almost everything differently :? )
Common Assault - An assault that does not cause a visible injury. CA5's news re it being arrestable is a new one to me. But will make me happy. Invariably we have so many of them we have gone back to the old method of getting complainants to take out a summons themselves if they wish to proceed. Although a Crime report would be created.
ABH - An assault that has resulted in a visible injury. As simple as reddening or brusing. ABH can actually also (though it's rare) be proved if mental (health) damage has been done to the victim. Arrestable.
GBH - Generally assaults which result in cuts or more serious injuries (ie a glassing, slash wound etc). Arrestable.
These are then made more complex by the Charging Standard which invariably sees all the offences downgraded by at least one level (ie ABH with bruising usually charged as a Common Assault etc). ABH is usually preferred rather than GBH because of the problem in proving intent & the lack of an alternative offence should the GBH be disproved.
Regards,
Carl
(I say Met assaults as I know every force, peculiarly, does almost everything differently :? )
#9
Posted 28 June 2003 - 11:18 AM
I did hear on Sky News, something about Common Assault being given a power of arrest, in relation to trying to curb domestic violence. However, I was still under the impression that s39 is not an arrestable offence at this time, and that this was something for the future
#10
Paulos
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Posted 28 June 2003 - 08:49 PM
Common Assault isn't arrestable though, unless accompanied by BoP...
Or unless section 25 applies.
#11
jester
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Posted 30 June 2003 - 03:36 PM
cheers carl that makes sense.
#12
Posted 30 June 2003 - 04:14 PM
Common Assault isn't arrestable though, unless accompanied by BoP...
Or unless section 25 applies.
Sorry to say your wrong there is now a power of arrest for common assault and nothing to do with the s25 powers.
As I am on days off and dont have the new legislation at home I will get it from the legal web at work tomorrow and post it
#13
Posted 30 June 2003 - 09:01 PM
I did hear on Sky News, something about Common Assault being given a power of arrest, in relation to trying to curb domestic violence. However, I was still under the impression that s39 is not an arrestable offence at this time, and that this was something for the future
This is, as far as I am aware the correct case.
However...
I have been told that each and every assault is arrestable "on suspicion of causing ABH" because even though the CPS charging standard for ABH is that all layers of the skin are broken, that the reality is if the assault "actually causes harm", then it fits the criteria of the offence.
Are we medically quallified to say what actually causes harm????
A medical statement is needed for this and this takes time, so arrest on sus ABH if you are not sure, and drop the charge to a common assault later.
Darren.
