ABH

Question 1

what is the definition of abh?

Answer 1

S.47 Offences Against the Person Act 1861-assault occasioning actual bodily harm
-either way offence with a max sentence of 5 years imprisonment

Question 2

what is the first step of abh?

Answer 2

was there an assault?

-must be an assault or battery

Question 3

what is the second step and cases of abh?

Answer 3

is there actual bodily harm?

• must be some form of physical or psychiatric injury caused to v
• (Miller)-“any hurt or injury calculated to interfere with the health or comfort of the victim” but must be more than “transient or trifling”
• (Chan Fook)-must be more than trivial
• (Chan Fook)- includes psychiatric harm but must be evidence of identifiable clinical condition - not “mere emotions such as fear, distress or panic”
• (T v DPP)-temporary unconsciousness
• (DPP v Smith)-cutting hair

Question 4

what is the third step of abh?

Answer 4

causation-did the assault occasion the abh?

Question 5

what is the fourth step and cases of abh?

Answer 5

mens rea-intention or subjective recklessness for the assault/battery only

• (Roberts)-only need mr for assault or battery-d does not need to intend or be reckless to any harm-does not need to forsee any harm
• (Savage)