ABH actual bodily harm Flashcards
criminal law paper 1
What does the term “assault” mean in the context of ABH?
In the context of ABH, “assault” refers to either an assault (causing apprehension of immediate unlawful violence) or a battery (unlawful physical contact).
What is meant by “occasioning”? Apply your answer specifically to ABH.
“Occasioning” means that the assault or battery must cause the actual bodily harm. This is established through factual and legal causation.
How was ABH defined in R v Donovan?
ABH was defined as any harm or injury that is more than merely trivial and interferes with the victim’s health or comfort.
What can also constitute ABH, following DPP v Smith?
Cutting off a substantial amount of hair can constitute ABH, as physical harm is not limited to injuries to the skin or body.
What is the mens rea that must be established for s47?
The mens rea for s47 is the intention or recklessness as to the assault or battery; there is no need for the defendant to foresee the resulting harm.
How does R v Roberts illustrate the mens rea required for s47?
In R v Roberts, the defendant only needed to intend or be reckless as to the initial assault (touching the victim), even though the victim’s injuries were more serious than anticipated.
In which category of criminal offence is ABH?
ABH is a triable-either-way offence, meaning it can be tried in either the Magistrates’ Court or the Crown Court, depending on the severity of the case.
Explain one criticism of s47:
A criticism is that s47 does not require proof of intention or recklessness as to the harm caused, which can result in disproportionate liability for minor acts with unintended consequences.
Explain one proposed reform and how it would improve the law in this area:
The Law Commission has proposed replacing s47 with a clearer offence of “aggravated assault,” which would require proof of intent or recklessness as to the harm caused. This would ensure greater fairness and proportionality in sentencing.
