Actual bodily harm Flashcards
What is Actual Bodily Harm (ABH) an offence under?
s47 of the Offences Against the Person Act 1861.
What is the actus reus of ABH?
An assault or battery occasioning actual bodily harm.
What is the mens rea of ABH?
Intention and recklessness to commit assault or battery.
What is the definition of ABH?
An assault or battery causing injury which is more than trifling or transient.
What case can be used for the actus reus in ABH?
DPP v Smith.
Describe the DPP v Smith case.
D cut off V’s ponytail and was charged as ABH involves any type of hurt or damage.
What kind of harm counts as ABH?
Harm that is more than trivial, but less than serious.
What case can be used for mens rea in ABH?
R v Roberts where D grabbed V’s coat causing her to jump out of the car and get injured.
What kind of offence is s47 and what is the maximum sentence?
Either-way offence.
5 years imprisonment or 7 if racially aggravated.
What is a criticism of s47?
Max sentence for ABH is same for GBH which is more serious.
What is a proposed reform to tackle the criticism of s47?
A tiered sentencing structure where the sentence matches the seriousness of the harm caused.
