ABH - Paper 1

Question 1

Which Act of Parliament defines ABH?

Answer 1

Section 47 Offences Against the Person Act 1861

Question 2

What type of offence is ABH and what is the maximum prison sentence?

Answer 2

It is a triable-either-way offence the maximum prison sentence is 5 years

Question 3

What is the definition of ABH?

Answer 3

A common assault (assault or battery) which occasions actual bodily harm

Question 4

What is Stage 1 of ABH?

Answer 4

D must commit a ‘common assault’ - either an assault or battery

Question 5

What is Stage 2 of ABH?

Answer 5

Occasion - meaning causation

Question 6

What is Stage 3 of ABH?

Answer 6

There must be an ABH injury

Question 7

What is the definition of ABH under Miller?

Answer 7

Any hurt or injury calculated to interfere with the health or comfort of the victim

Question 8

What examples are there of ABH injuries?

Answer 8

1) Extensive or multiple bruising
2) Broken bones (nose/toes/fingers)
3) Loss of consciousness (T v DPP)
4) Minor cuts requiring medical treatment
5) Temporary loss of sensory function
6) Psychiatric Injury (Chan Fook)
7) Cutting V’s hair (DPP v Smith)
8) Chipped tooth/loss of one tooth

Question 9

What is required for the mens rea of ABH?

Answer 9

D must only intend or be reckless as to the assault or battery

Question 10

Which case decided that D does not need to foresee the ultimate injury or level of injury?

Answer 10

Savage