ABH Flashcards
What type of offence is ABH and what section is it contained in
ABH is contained in s47 Offence Against The Persons Act 1861.
It is an either way offence carrying a maximum of 6 months imprisonment in the magistrates.
A maximum of 5 years in the crown court, However 7 years if it is racially aggrevated
What is the Mens rea and Actus reus of ABH
Assault occasioning actual bodily harm has the same Actus reus and Mens Rea as common assault but with two additional elements in the Actus Reus
What are the Two additional elements in the Actus reus of ABH
Occasioning and Actual bodily Harm
Occasioning?
This is the strict liability of the offence, which means there is no requirement for intention to cause Actual bodily harm or recklessness as to whether it is caused.
The prosecution must prove that the assault or battery occasioned the injury. It is a question of causation only i.e the defendant must have caused the injury DPP v Parameter 1991
The court should ask would the injuries have occurred ‘but for’ the defendants act.
The defendant may still be guilty if his actions were a contributory cause of the injuries and the injuries were a reasonably foreseeable consequence of the defendants actions r v Cheshire 1991
Actual Bodily Harm?
The hurt or injury must be more than merely ‘transient and trifling’ there must be some harm e.g bruise or black eye.
Actual bodily harm can cover psychiatric injury although if the prosecution propose to establish this then they will need to call evidence.
evidence of fear, distress or panic given by the victim will not be enough r v chan
What defences apply to ABH
The same defences of common assault apply to ABH.
However the issue of consent on sadomasochistic acts is not available
Reasonable chastisement of a child cannot be a defence to an ABH or more serious assault under s58 of the Children Act 2004
Can the charge of ABH be amended
The charge of ABH can be amended as even though 6 months have passed provided that the defendant was charged with ABH within a 6 month period
If the offence is committed within a domestic situation?
A restraining order may be implemented under section 12 of the Domestic Violence, Crime and Victims Act 2004
What is important to note about section 12 of the Domestic Violence, Crime and Victims Act 2004
The court can make a restraining order after acquitting a defendant of any offence if the court considers it necessary to do so to protect a person from harassment from the defendant.
What should you do when admissions are made in consulation
Give thought to a no comment interview, as the parties may reconcile.
What should you do when a denial is made during an interview
consider answering all the question in the interview putting forwards the denial or advise the client to have a no comment interview and drafting a written statement setting out the terms of facts of the defence which the client or you read out.
Why should you give thought to S101 of the Criminal Justice Act 2003
The crown get highlight the defendants bad character if he explodes during the interview.
Pre written statement gives control over the interview and prevents this from happening
Mens rea for ABH
There does not need to be any intention for ABH. Just recklessness
