actual bodily harm Flashcards
define Assault occasioning actual bodily harm (ABH)
to intentionally or recklessly cause common assault occassioning actual bodily harm
section 47. (OATP)
ABH
IDA for ABH
s.47 ABH-
Actus reus (common assault, occasioning, actual bodily harm)
Mens rea - intent/ recklessness as to an assault/ battery
ID for ABH (part 2)
All AR/MR elements of assault + ABH, causation, MR = s.47 ABH
All AR/MR of battery + ABH, causation, MR = s.47 ABH
exam tip: do an IDA for assault / battery first, then go on to discuss extra elements that make it a s.47 ABH
AR for ABH- causation
Occasioning means causation.
Need to prove that the assault/ battery committed by the D actually caused the ABH injuries.
= factual and legal causation
Miller (1954)
‘any hurt or injury calculated to interfere with the health or comfort’
Chan- Fook (1994)
A French student was lodging at the house of Mrs Fox who was engaged to the appellant. Mrs Fox’s engagement ring went missing and the she accused the student of stealing it. The appellant interrogated the student during which he struck him several times. He then locked him in an upstairs room and threatened him with further violence if the ring was not returned. The student attempted to escape by roping the curtains and sheets together and tying them around the curtain pole. The curtain pole broke and the student fell to the ground and suffered a fractured wrist and a dislocated hip. The appellant was charged with the offence of an assault occasioning actual bodily harm under S.47 of the Offences Against the Person Act 1861. The prosecution did not frame the case in relation to the physical injuries sustained from him jumping out of the windows (presumably assuming his actions may amount to a novus actus interveniens). The prosecution based their case on the mental state of the victim and the fear and panic he suffered. No medical evidenced was produced to support a finding of psychiatric injury.
Held:
Conviction was quashed. To amount to actual bodily harm, the injury need not be permanent but should not be so trivial as to be wholly insignificant. Feelings of fear and panic are emotions rather than an injury and without medical evidence to support recognised psychiatric condition a conviction for ABH could not stand.
Harm means injury, and actual means ‘not so trivial as to be wholly insignificant’
Bodily harm is not limited to harm to the skin, flesh and bones of the V. It includes organs, nervous system and brain.
Wide definition of harm
covers bruises, scratches, broken nose etc.
*Also includes psychiatric injury but not mere emotions such as fear, distress and panic as seen in Chan- fook
T v DPP (2003)
V was chased by D, V fell to the ground and was kicked by D. This caused V to lose consciousness for a brief period of time.
Losing consciousness, even momentarily can constitute ABH
Smith (2006)
D cut off Vs ponytail with scissors. Since ABH wasn’t limited to injury and extends to hurt and damage as long as not trivial. ABH applies to all parts of the body, including hair.
legal precedent- harm
Mens rea for ABH
intent/ recklessness as to an assault or battery. there is not a separate MR for ABH- it is the MR from the relevant assault or battery which must be present.
exam tip- briefly mention that the mens rea for a s.47 ABH is that of the original assault or battery, as discussed above
whether D either intends or is reckless in terms of an assault/battery, if he causes harm which constitutes ABH he is guilty s.47 OAPA
Roberts (1971)
V was a passenger in D’s car and injured herself when jumping from the vehicle whilst it was moving. D had the MR to commit a battery- the injuries were caused by the battery and so he was guilty of s.37 OAPA
legal precedent- MR for assault or battery
Savage (1991)
D threw beer at the victim, but accidently let go of the the beer glass, causing much more serious injuries were intended .
Court confirmed that the s.47 offence (s.20) it is intent or recklessness to the common assault (or some harm for s.20)
