PART 1Domestic abuse: offence and aggravation
CHAPTER 2Aggravation as to domestic abuse
Sentencing aggravation
16What amounts to the aggravation
1
For the purposes of section 15, an offence committed by a person (“A”) is aggravated by reason of involving domestic abuse if the three listed conditions are met.
2
The listed conditions are—
a
that a reasonable person would consider the commission of the offence by A to be likely to cause another person (“B”) to suffer physical or psychological harm,
b
that A—
i
intends the commission of the offence to cause B to suffer physical or psychological harm, or
ii
is reckless as to whether the commission of the offence causes B to suffer physical or psychological harm, and
c
that A and B are personally connected to each other at the time.
3
An offence committed by A can be aggravated by virtue of this section whether or not—
a
the offence is committed against B, or
b
the commission of the offence actually causes B to suffer harm of the relevant sort.
4
Nothing in this section prevents evidence from being led in proceedings for the offence about harm actually suffered by B as a result of A’s commission of the offence.
5
The references in this section to psychological harm include fear, alarm and distress.