ABH

Question 1

What does ABH stand for?

Answer 1

Actual Bodily Harm

Defined in S47 of Offences Against the Person Act 1861.

Question 2

What is defined as bodily harm in the context of ABH?

Answer 2

Defined in Section 47 of OAPA 1861 as assault occasioning actual bodily harm

Includes both physical injuries and psychological harm.

Question 3

What are the three requirements to prove ABH?

Answer 3

• Not insignificant harm (also not serious)
• Assault or battery must occur
• Victim suffers an ABH-level injury

Question 4

What is the actus reus (AR) of assault in ABH cases?

Answer 4

Causing the victim to apprehend immediate violence

Assault must create a fear of immediate harm.

Question 5

What constitutes battery in the context of ABH?

Answer 5

Applying unlawful force

Battery involves physical contact that is unlawful.

Question 6

What is an example of an ABH injury?

Answer 6

R v Miller Any injury calculated to interfere with health or comfort

Examples include bruises, cuts, or psychological harm.

Question 7

True or False: Psychological harm can be considered ABH.

Answer 7

True

Psychological harm can include conditions like PTSD or anxiety disorders.

Question 8

What case involved psychological harm leading to a conviction for ABH?

Answer 8

R v Chan-Fook (1944)

The accused was convicted for causing psychological harm by locking the victim in a room.

Question 9

Fill in the blank: Any injury that is not _______ can be considered for ABH.

Answer 9

insignificant

Question 10

What type of emotional states are excluded from being classified as psychological harm in ABH cases?

Answer 10

Mere emotions like fear, anxiety, distress, or panic

Actual psychological injuries must be more severe.

Question 11

What is a potential psychological injury that may qualify under ABH?

Answer 11

Depression or panic attacks

Serious psychological conditions may be considered for ABH.

Question 12

In the case of DPP v Smith, what was the significant action taken by the defendant?

Answer 12

Cutting the victim’s ponytail

This action was deemed sufficient to constitute ABH despite the absence of physical injuries.

Question 13

What was the outcome of the appeal in DPP v Smith regarding the cutting of hair?

Answer 13

Cutting hair was considered ABH

The appeal confirmed that the act of cutting hair constituted Actual Bodily Harm.

Question 14

In T v DPP (2003), what condition did the victim experience?

Answer 14

Loss of consciousness

This was determined to be sufficient for a finding of Actual Bodily Harm.

Question 15

What must be established to determine if there is ABH according to the Chan case?

Answer 15

Injury must be more than trivial

The Chan case establishes a standard for assessing the severity of injury in ABH cases.

Question 16

What is the significance of the case R v Savage (1990) in relation to ABH?

Answer 16

No mens rea required to cause injury

The case established that a defendant does not need to intend to cause injury for ABH to be applicable, MR for battery was enough

Question 17

True or False: Emotional distress alone is sufficient to claim ABH.

Answer 17

False

ABH requires a physical injury rather than mere emotional upset.

Question 18

What was the defendant’s action in the R v Savage case that caused ABH?

Answer 18

Threw a glass at the victim

The action of throwing glass was considered reckless and led to a finding of ABH.

Question 19

What is the mens rea of ABH?

Answer 19

MR of the assault/battery is enough.
Assault - DI/RECK causing V. to apprehend immediate violence
Battery - DI/RECK applying unlawful force

Question 20

ABH MR case

Answer 20

R v Savage
-D. threw beer glass at husbands new GF
-glass slipped, V. hit

MR of battery was enough for ABH

Question 21

ABH Exam skills

Answer 21

Identify offence
Define offence
Explain AR of offence eg. assault
Apply AR of offence
Explain AR of ABH
Apply AR of ABH
Explain Causation; factual, legal, intervening acts, TSR
Apply Causation; factual, legal, intervening acts, TSR
Explain MR of offence eg assault + cases
Apply MR of offence
Conclude liability

Question 22

ABH Paragraph

Answer 22

I
-D. has committed an ABH against V.
D
-ABH is defined in s47 of the
OAPA 1861 as assault occasioning actual bodily harm.
E
-In order for the D to have
committed the actus reus, there
must be a common assault
that causes some injury.
-Firstly there must be a common assault. This is either an assault or battery. In this case there is a (battery. Battery is the application of unlawful force. / assault. Assault is causing the victim to apprehend immediate personal violence).
-*D. must apply force