Actual Bodily Harm (ABH) (Paper 1) Flashcards
ABH means there is an
Injury
Definition of ABH comes from
Section 47 Offences Against the Person Act 1861
Definition of ABH
Common assault occasioning actual bodily harm
Common assault means
D must commit either an assault or battery
Occasioning means
Causation issues
Examples of ABH injuries
Extensive or multiple bruising, broken bones (nose, toes, fingers), temporary loss of consciousness, minor cuts requiring treatment, temporary loss of sensory function, psychiatric injury, cutting victim’s hair, chipped tooth or loss of one tooth
Definition of ABH injury under Miller
Any hurt or injury calculated to interfere with the health or comfort of the victim
Case which held the hurt must not be so trivial as to be wholly insignificant
Chan Fook
Mens rea of ABH
There isn’t one, so the mens for assault or battery is needed (Savage)