Assault Occasioning Actual Bodily Harm Flashcards
what level offence is ABH?
triable-either-way
what Act sets out ABH?
s 47 OAPA 1861
this is the lowest level of injury in OAPA
what is the max penalty for abh?
5 years
what is the definition of assault occasioning abh?
an assault which causes actual bodily harm, with intention or recklessness as to whether V fears unlawful force/subjecting victim to unlawful force.
what is the actus reas for s 47 abh?
prove there was an assault or battery which causes actual bodily harm
what is actual bodily harm?
in Miller (1954) - abh is ‘any hurt or injury calculated to interfere with the health or comfort of the V’
T v DPP and abh
loss of consciousness, even momentarily, can be abh.
s 47 can be charged where there is any injury e.g. bruises, grazes, scratches
what did DPP v Smith show about abh (cutting hair)?
cutting v’s hair can amount to abh.
physical pain is not a necessary ingredient of abh, hair is attached to head so is part of body (substantial amount of hair has to be cut for arm to be ‘actual’)
can psychiatric injury be classed as abh?
yes, this was decided in R v Chan Fook
however, abh does not include ‘mere emotions such as fear, distress or panic’, it must be an identifiable clinical condition
R v Burstow and psychiatric illnesses
said abh must be interpreted so as to include psychiatric illness
what is the mens rea for s 47 abh?
the section in the Act does not refer to men’s rea, but men’s rea for assault or battery is sufficient.
no need for D to intend or be reckless as to whether abh is caused. what case shows this?
R v Roberts (1971)
R v Savage (1997) (threw beer over another woman, glass slipped cutting V’s hand, D only intended to throw beer on her not to cut hand, sufficient for s 47)
