ABH, GBH and Wounding

Question 1

Meaning of assault occasioning ABH

Answer 1

Assault in this context means assault or battery.
Occasioning in this context means causing.
Therefore = Assault causing ABH

Question 2

What is the sentence for Assault occasioning ABH ?

Answer 2

s.47 Offences Against the Person Act (OAPA) 1861.
Triable either way - magistrates or crown court
Maximum sentence 5 years

Question 3

Definition of ABH

Answer 3

“An assault which occasions actual bodily harm, with the intention to cause the victim to fear unlawful force, or to subject unlawful force, or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force.

Question 4

To be guilty of ABH the defendant must have done the following:

Answer 4

Actus reus:
An assault or battery
Causing
Actual bodily harm

Mens rea:
Intention to cause the victim to fear unlawful force.
Subjective recklessness as to whether the victim fears or is subjected to force.

Question 5

Requirement 1 - An assault or battery

Answer 5

(Same requirements as assault and battery)

Question 6

Requirement 2 - Causing

Answer 6

Factual causation - But For test - R v White
Legal causation - More than de minimus and operating and substantial cause of death (main cause) - R v Kimsey and R v Smith
no new intervening act which breaks the chain of causation - Novus Actus Interveniens.

Question 7

Requirement 3 - Actual bodily harm

Answer 7

R v Miller 1954 - ‘any hurt or injury that interferes with the health and comfort of the victim’ (scratches, swelling, broken teeth etc)

Question 8

Mens rea - ABH

Answer 8

Intention to cause the victim to fear unlawful force or to be subjected to force or, subjective recklessness as to whether the victim fears or is subjected to force.

Question 9

Wounding and GBH section 18 and 20

Answer 9

1. Section 20 Offences Against the persons act OAPA 1861.
2. Section 18 Offences Against the persons act 1861.

The Actus reus for both offences is exactly the same
The mens rea for both offences is different.

Question 10

Overview of wound and inflicting GBH s.20

Answer 10

> Triable either way offence - Magistrates or crown court
Maximum sentence is 5 years imprisonment

Question 11

Definition of Wounding/ Inflicting GBH

Answer 11

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon another person, with or without a weapon or instrument, shall be guilty of an offence and shall be liable to imprisonment for no more than 5 years.

Question 12

To be guilty of s.20 wounding/GBH, the defendant must have done the following:

Answer 12

Actus reus:
Unlawfully
Inflict
Grievous bodily harm

Mens rea:
Maliciously (intention to cause some harm)

Question 13

Requirement 1 - Wounding

Answer 13

Any cut or break in the continuity of the skin.
Moriarty v Brookes - A small cut below the eye is a wound.
R v Wood - A broken collarbone which does not break the skin is not a wound.
JCC V Eisenhower - Internal bleeding in the eye caused by firing a pellet gun is not a wound.

Question 14

Requirement 2 - Inflicting

Answer 14

It means the same thing as causing (usual causation rules apply)

Question 15

Requirement 3 - Grievous bodily harm

Answer 15

DPP V Smith 1961 - “Really serious harm”
R v Saunders 1985- Serious harm which does not need to be life threatening (eg, badly broken bones, blinding, castration)

• Age and vulnerability of the victim is relevant
  -It can include numerous lesser injuries sustained together.
• Can include passing on a disease.
• Can include psychiatric harm that is ‘severe’.

Question 16

Mens rea - Inflicting gbh

Answer 16

Maliciously meaning intention to cause some harm or subjective recklessness to cause some harm.
R v Savage - maliciously means intention or recklessness.

Question 17

Overview of wounding and inflicting GBH with intent (s.18)

Answer 17

Indictable offence so can only be seen in crown court.
Maximum sentence is life!

Question 18

Definition of wounding/inflicting GBH with intent:

Answer 18

“Whosoever shall unlawfully and maliciously wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person or with intent to resist arrest”

Question 19

To be guilty of s.18 wounding, the defendant must have done the following:

Answer 19

Actus reus:
Wounding
Inflicting
Grievous bodily harm

Mens rea:
Intention to cause really serious harm or intention to resist arrest.

Question 20

Requirement 1-3 - Wounding, inflicting, grievous bodily harm

Answer 20

Exactly the same as the rules for s.20 (see above revision)

Question 21

Mens rea - Wounding and inflicting GBH with intent s.18

Answer 21

Intention to cause really serious harm
R v Taylor - An intention to wound is not enough by itself. There must be an intention to cause really serious harm.

R v Morrison - An intention to resist arrest is all thats needed. This only applies to arrest situations.