ABH (done) Flashcards
Where does the offence of ABH come from in law?
Assault or battery occasioning actual bodily harm (ABH) is established in s47 Offences Against the Person Act (OAPA) 1861
What is the actus reus of ABH?
The actus reus of assault occasioning ABH requires D to commit and assault or battery which causes actual bodily harm (Miller)
What needs to be established to apply the actus reus?
1) Whether D committed an assault or battery (apply using plans from those offences)
2) Whether the injury amounts to ABH
What must be proved after deciding if the offence is an assault or battery?
Did the injury amount to actual bodily harm?
How is ABH defined? (2)
1) ABH was defined in Miller as ‘any hurt or injury calculated to interfere with the health and comfort of V’
2) Chan Fook confirmed that the injury ‘does not have to be permanent but must be more than trivial’
What are the 2 specific issues when applying the actus reus of ABH?
1) Psychiatric illness
2) Temporary loss of consciousness
Can psychiatric illness amount to ABH?
Yes as confirmed by Chan Fook
Can a temporary loss of consciousness amount to ABH?
Yes as confirmed by the court in the case of T v DPP
What must be established after the actus reus?
Causation must be self-evident in both fact and in law (Pagett/Jordan)
What is the men’s Rea of ABH?
The men’s Rea of assault occasioning ABH is direct intention (Mohan) or subjective recklessness (Cunningham) to commit an assault or battery occasioning ABH (Parmenter)
Does D have to intent to cause the injury?
No
What is the max sentence of ABH?
A maximum sentence of 5 years in prison
