ABH (Actual bodily harm)

Question 1

What section of the OAPA 1861 is ABH under?

Answer 1

Section 47.

Question 2

What is the Actus Reus of ABH?

Answer 2

assault causing ABH

Question 3

What is the Mens Rea of ABH?

Answer 3

Intention or recklessness as to either putting the victim into fear of unlawful force or applying unlawful force.

Question 4

What is the key term for ABH?

Answer 4

The offence requires the consequence of more than minimal harm to the victim.

Question 5

What happened in Chan-Fook (1994)?

Answer 5

It was decided that ‘harm’ includes psychiatric or physical injury

Question 6

What happened in Smith (2006) ?

Answer 6

The courts decided that all parts of your body such as hair counts as actual bodily harm if assaulted, such as cutting off someone’s ponytail.

Question 7

What are the two key cases to remember for Mens Rea in ABH?

Answer 7

Roberts (1971) - Injured herself while jumping out of car with the defendant having the Mens Rea to cause battery etc.
Savage (1991) - Throwing the beer bottle for being jealous means there is sufficient Mens Rea for ABH