ABH

Question 1

What is the statute for ABH?

Answer 1

Section 47 OAPA 1861

Question 2

Define ABH

Answer 2

R v Donovan; any hurt or injury calculated to interfere with the health or comfort of the victim

Question 3

AR of ABH

Answer 3

An assault occasioning actual bodily harm

Question 4

1st element of the AR of ABH - meaning of assault

Answer 4

Confirmed in DDP v Taylor; includes both assault and battery

Question 5

2nd element of the AR - occasioning

Answer 5

Assault or battery must be the factual or legal cause of the actual bodily harm

Question 6

Causation - factual & legal

Answer 6

‘But for test’ R v White - poisoned mother, died of a heart attack, but for Ds act of poisoning his mother, would she have died? Yes because the poison did not kill her, she died of a heart attack

Legal - Was D more than a minimal cause of death or injury? R v Smith - the stab wound was an operating and substantial cause of Vs death

Question 7

3rd element of the AR - actual bodily harm

Answer 7

need not be permanent but should not be so trivial as to be wholly insignificant

Question 8

principle of DDP v Smith

Answer 8

ABH is any type of hurt or damage, cutting off ponytail damaged the cells of the body, amounted to ABH

Question 9

Principle of R v Chan Fook

Answer 9

Psychiatric injury can amount to ABH
ABH is more than trivial but less than serious harm

Question 10

MR of ABH

Answer 10

Intention or recklessness for assault or battery

Question 11

Principle of R v Roberts

Answer 11

Grabbed her coat, jumped out the moving car, no need to establish men’s rea in respect of the ABH

Question 12

What are S47 offences?

Answer 12

Triable either way - maximum sentence is 5 years or 7 if racially aggravated