Assault Occasioning ABH

Question 1

What is s.47 of Offences Against the Person Act’s Definition of Assault Occasioning ABH ?

Answer 1

“An assault which occasions ABH, with either an intention to cause the victim to fear unlawful force, or to subject unlawful force, or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force”

Question 2

What is the Actus Reus of Assault Occasioning ABH ?

Answer 2

An Assault or Battery

Causing

Actual Bodily Harm

Question 3

What is the Mens Rea of Assault Occasioning ABH ?

Answer 3

Intention to cause the victim to, fear the unlawful force or to be subjected to force.

Subjective Recklessness

Question 4

How did the case of R v Miller (1954) define the term of ‘harm’ ?

Answer 4

Harm defined as: - “Any hurt or injury that interferes with the health and comfort of victim”

Types of Injuries: -

• Scratches
• Bruises
• Minor broken bones
• Swelling
• Loss of broken teeth

Question 5

What was established in the case of T V DPP (2003) ?

Answer 5

“A brief loss of consciousness was held to be actual bodily harm”

Question 6

What was established in the case of R v Chan v Fook (1994) ?

Answer 6

“It does not include mere emotions such as fear or distress nor panic does it include, as such, states of mind that are not themselves evidence of some identifiable clinical condition”

Question 7

What was established in case of R v Savage (1992) ?

Answer 7

“It was not necessary to demonstrate the defendant had the mens rea in relation level of harm inflicted. It was sufficient that they intended or could foresee that some harm will result”.