Actual Bodily Harm

Question 1

Which act is ABH in?

Answer 1

s47 Offences Against the Person Act 1861

Question 2

What are the steps for ABH?

Answer 2

Actus reus
Assault or battery
Assault or battery actus reus steps
ABH
Causation
Mens rea
Direct/indirect intention, recklessness

Question 3

What is the actus reus for ABH?

Answer 3

Assault or battery occasioning actual bodily harm

Question 4

What does ‘occasioning’ mean?

Answer 4

Causing

Question 5

What is ABH?

Answer 5

More than trivial harm which interferes with health and comfort, can be physical or psychological

Question 6

What does ‘more than trivial’ mean?

Answer 6

More than wholly insignificant

Question 7

What is an example of physical ABH?

Answer 7

Broken finger

Question 8

What is an example of psychological ABH?

Answer 8

Depression (not severe)

Question 9

Which case shows cutting someone’s hair can be ABH?

Answer 9

DPP v Smith

Question 10

Which case shows occasioning?

Answer 10

R v Chan Fook

Question 11

What is the mens rea of ABH?

Answer 11

Intention or recklessness to cause the victim to immediately apprehend the application of unlawful force or to apply force (depending on whether it is assault or battery)

Question 12

What is the maximum sentence for ABH?

Answer 12

5 years