ABH

Question 1

What type of offence is ABH ?

Answer 1

A triable either way offence

Question 2

The definition of ABH comes from s.47 of the OAPA 1861 what does it state ?

Answer 2

“Whosever shall be convicted of any assault occasioning actual bodily harm shall be liable…for imprisonment for five years.”

Question 3

What is the AR of ABH ?

Answer 3

it must be proven that an assault or battery caused actual bodily harm, this victim may also suffer psychiatric harm

Question 4

can cutting someones hair be ABH ?

Answer 4

yes, if it is a substantial amount

Question 5

What types of psychiatric harm constitutes ABH ?

Answer 5

recognised and indefinable psychiatric harm

Question 6

What is the MR of ABH ?

Answer 6

Intending or were reckless when committing the assault and/or battery

Question 7

What happened in the case of R V Chan fook (1994) ?

Answer 7

A’s engagement ring went missing and she accused D of stealing it. A interrogated the student during which he struck him several times. He threatened him with further violence if the ring was not returned. D attempted to escape down a curtain pole. The curtain pole broke and the student fell to the ground