ABH

Question 1

What is the definition?

Answer 1

“Whosoever shall be convicted upon indictment of any assault occasioning actual bodily harm shall be liable… to imprisonment for five years.”

Question 2

What is ABH under?

Answer 2

OAPA 1861

Question 3

What level of injury is ABH?

Answer 3

The lowest.

Question 4

What section of the OAPA is it under?

Answer 4

S.47

Question 5

What is the sentencing and type of crime?

Answer 5

Triable-either-way and 5 years.

Question 6

Is it a conduct or consequence crime?

Answer 6

Consequence.

Question 7

Actus Reus- what first needs to be established?

Answer 7

An assault or battery.

Question 8

What are the 2 elements to Actus Reus?

Answer 8

Actual Bodily Harm

Causation

Question 9

What constitutes to ABH was developed in case law, what case law and what definition?

Answer 9

ABH is “any hurt or injury calculated to interfere with the health and comfort of the victim.” – R v Miller [1954].

Question 10

What cases states temporary loss of consciousness can amount to ABH?

Answer 10

T v DPP [2003]

Question 11

What case said bruises, grazes and scratches amounts?

Answer 11

R v Donovan

Question 12

What case said minor fractures amount?

Answer 12

R v Venna

Question 13

What did DPP v Smith [2006] state?

Answer 13

ABH can even be charged where the victim does not suffer actual physical hurt.
(HAIR CUT)

Question 14

What case stated Momentary Loss of Consciousness amounts? (Psychological harm)

Answer 14

DPP v T [2003]

Question 15

What case stated Depression amounts? (Psychological harm)

Answer 15

R v Ireland [1998]

Question 16

What case stated psychiatric harm does not cover emotions such as fear, distress or panic?

Answer 16

R v Chan-Fook [1994]

Question 17

What case stated the psychiatric injury must be one which is medically recognised?

Answer 17

R v Burstow [1997]

Question 18

What rules of causation apply?

Answer 18

The normal ones (see Elements of a Crime).

Question 19

What is the Mens Rea of ABH? Does S.47 reference it? Does the defendant have to intend or be reckless as to whether ABH is caused?

Answer 19

S.47 makes no reference to mens rea but, as the essential element is assault or battery, the courts have held that the mens rea for the underlying assault or battery is sufficient for the mens rea of a S. 47 offence.

This means the defendant must have intended or be subjectively reckless as to whether the victim fears or is subjected to unlawful force.

It is important to note that there is no need for the defendant to intend or be reckless as to whether actual bodily harm is caused.

R v Roberts