| 释义 |
actual bodily harm
(ABH) Any hurt or injury calculated to interfere with the health or comfort of the victim (Offences Against the Person Act 1861). Assault causing actual bodily harm is a summary or indictable offence carrying a maximum punishment of five years’ imprisonment. The hurt need not be serious or permanent in nature, but it must be more than trifling (R v Miller [1954] 2 QB 282). It is enough to show that pain or discomfort has been suffered, even though no bruising is evident. Psychiatric injury (more than mere anxiety or fear) may constitute actual bodily harm (R v Chan-Fook [1994] 2 All ER 552). The Crime and Disorder Act 1998 s 29(i)(b) creates a racially or religiously aggravated form of this offence that carries a higher maximum penalty. The Assaults on Emergency Workers (Offences) Act 2018 (s 1) provides for increased sentencing powers for offences of common assault and battery committed against emergency workers while carrying out their duties. |