by dawson99 » Thu Feb 28, 2008 1:41 pm
Status of offence
This is the least serious assault and, under s11 Domestic Violence Crime and Victims Act 2004, a common assault can be an alternative verdict to more serious offences of assault. In real terms, the degree of fear or the level of injury required for a conviction can be slight. Thus, even the most trivial of injuries can be a battery, whether as a scratch or bruise, so long as the contact can be proved. The distinction between common assault and actual bodily harm (ABH) under s47 Offences Against The Person Act 1861 (OAP), lies in the degree of injury that results. ABH is more than “transitory” but less than “really serious injury” which is the definition of grievous bodily harm under ss18 and 20 OAP Act 1861.
of course we dont know what happened. but most likely someone said something, he squared up... something that happens a million times every day... but as he is 'known' the guy complained... absolutely nothing to it id stake my wages.
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