What amounts to the aggravation
16.—(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.