Assault Occasioning Actual Bodily Harm Flashcards
Q: What is the law on ABH?
S47 OAPA 1861- It is an offence to assault any person thereby occasioning actual bodily harm.
Q: What is the difference between s39 and s47?
Only difference is the degree of harm suffered by V and the sentence available.
Q: What is the sentence for ABH?
Triable either way
Carries a maximum sentence of 5 years imprisonment on indictment
Q: What is the CPS Charing Standard for ABH?
A charge under s47 would be appropriate where the injuries are serious. ABH should generally be charged where injuries and overall circumstances indicate that the offence clearly merits more than 6 months’ imprisonment and where the prosecution intends to represent that the case is not suitable for summary trial.
Q: Example s47 injuries
- Breaking of teeth
- Temporary loss of sensory functions
- Loss of conscious
- Extensive or multiple bruising
- Displaced broken nose
- Minor fractures
- Minor, but more than superficial, cuts of a sort requiring stitches
- Psychiatric injury (more than mere emotions such as fear, distress or panic)
Q: What must be proved for an offence of ABH?
Must be shown that ABH was a result of D’s assault or battery.
Q: What does bodily harm mean?
Term confers any injury that is calculated to interfere with the health or comfort of the victim- such hurt need not be permanent, but must be more than transient or trifling.
Q: Does it include psychological harm?
Chan-Fook- Psychological harm that involves more than mere emotions such as fear, distress or panic can amount to a s47 offence. Court decided that psychiatric/mental injury is included.
Q: Is a momentary loss of consciousness ABH?
Donovan- court held that momentary loss of consciousness caused by a kick but without any physical injury can be ‘actual harm’ because it involved an injurious impairment of the victim’s sensory abilities which did not fall within the ‘trifling’ category
Q: Is cutting someone’s hair without their permission ABH?
Smith- substantial cutting of a person’s hair is ABH even though no pain or injury may be involved. Even though hair is dead tissue, it remains part of the body and is attached to it. Same is true of fingernails.
Q: What is the AR and MR for ABH?
AR- the ABH
MR- it is the MR required for either assault or battery (intention or subjective recklessness)
Q: What if the harm itself is indirect?
Eg: assailant chases victim who runs away then trips on broken glass sustaining cuts. There has been an assault and this assault has resulted in the harm. But did it cause or occasion the harm? If running away is a reasonable response to the assault then the offence will have been committed. Only if the response of the victim is unreasonable, will any resultant harm not be the fault of D.
