ABH Flashcards
Where is ABH defined?
s47 Offences Against the Person Act 1861
Sentence for ABH
ABH is a triable either way offence, meaning it can either go to the crown court (5 years max) or the Mags court (6 months + or unlimited fine)
What is the actus reus of ABH?
An assault or a battery which causes assault occasioning actual bodily harm to V
Case law of what is(nt) ABH
R v Chan Fook - ABH means ‘an injury not so trivial as to be insignificant’
Legal principle: Psychiatric harm can be ABH mere emotions don’t count (fear/anxiety etc that only lasts in the moment)
Examples of injury that may be ABH
Black eye, broken teeth, Bruising, Broken fingers/toes, cracked rib, Psychological.
Examples of psychiatric injury that may be ABH
Depression/anxiety disorder, sleep disorder, panic attacks, OCD.
Case law for other injury’s counting as ABH (Hair)
DPP v Smith - Cutting off a person’s hair can amount to ABH
Case law for other injury’s counting as ABH (consciousness)
T v DPP - Even a very short loss of Consciousness
What is the mens rea for ABH?
It is the same as the MR for assault or battery.
What does D not need to do? (relating to the MR)
R v Savage - D does not need to intend/be reckless as to causing ABH to V, they just need the mens rea of the assault or battery to be enough for an ABH conviction.
