ABH

Question 1

What is the definition of ABH?

Answer 1

Assault or battery occasioning actual bodily harm.

Question 2

What must the assault or battery cause?

Answer 2

Must cause additional harm - prosecution must first prove assault or battery has taken place and then further injury.

Question 3

What does more than transient or trifling mean?

Answer 3

No statutory definition so defined through case law.

Any hurt that interferes with the comfort of the victim. (R v Miller)

Question 4

What does the CPS charging standards explain are examples of ABH?

Answer 4

Extensive bruising/swelling
Temporary loss of consciousness (T V DPP)
Cutting substantial amounts of hair
More than minimal scratches or grazing

Question 5

What are the rules for psychiatric injury?

Answer 5

Courts recognise this can be ABH but it must be a recognised medical condition.

Fear and anxiety cannot be ABH as they are transient (R V Chan Fook)

Question 6

What is the mens rea for ABH?

Answer 6

The MR for the ulterior offence. No need for additional MR for the ABH.