Actual Bodily harm (ABH)

Question 1

What is ABH?

Answer 1

It is contained within s47 offences against the person act 1861 and is defined as assault or battery occasioning actual bodily harm

Question 2

What constitutes an act?

Answer 2

• The act must cause some harm or injury
  -The act must be more than transient and trifling ( R V Miller)
• The act must interfere with the health and comfort of the victim
• Psychiatric injury can be considered with evidence ( R V Chan- fook)

Question 3

What is the mens rea?

Answer 3

Intention or recklessness as to applying force or intentional recklessness to cause v to apprehend unlawful force.