Assault Occasioning Actual Bodily Harm

Question 1

ABH s.47 Actus Reus

Answer 1

Assault or battery occasioning Actual Bodily Harm

Question 2

ABH s.47 Mens Rea

Answer 2

Intention or recklessness as to the assault or battery.

Question 3

Miller defined ABH

Answer 3

Any hurt or injury calculated to interfere with the health or comfort of the victim.

Question 4

Test for ABH

Answer 4

1) was there an assault or battery?
2) did it occasion ABH (cause injury)
3) Is there Actual Bodily Harm?

Question 5

Example of ABH injuries

Answer 5

Punch - Broken nose
Threats - Depression
Push - Sprained wrist

Question 6

T V DPP

Answer 6

Loss of consciousness even for a short amount of time could be ABH.

Question 7

DPP V Smith

Answer 7

Cutting off a substantial amount of hair could amount to ABH.

Question 8

Chan Fook

Answer 8

ABH can be psychological harm as long as it is more than mere emotion such as fear or panic.

Question 9

AO3 psychiatric harm

Answer 9

P- courts had to interpret the law as the statue states bodily harm literally does not translate to psychiatric harm. Judical creativity. Against SOP.
DP- R V Ireland expert evidence must be used to prove but may ne complicated for a jury to make a decision.
Wdp- good decision as it take into account mental illness and shows that judges are adapting for a modern society.

Question 10

AO3 Maxmum sentence

Answer 10

P- s.47 ABH maximum sentence is higher than common assault. (5 years compare to 6 months)
Dp- both offence have the same MR yet the D can be convicted for s.47 ABH even if they do not intend or realise a risk of any injury.
Wdp - Many argue that this is unjust however the courts are favouring constructive liabiliy; the D chose to embark of a criminal path so should be held responsible for all consequence.