Assault Occasioning Actual Bodily Harm

Question 1

Definition

Answer 1

Either way offence
S.47 Offences Against The Person Act 1861
Max 5 years imprisonment

Question 2

1. Actus Reus - Was there an assault ?

Answer 2

Must be an assault or battery
Go through all steps for the assault or battery

Question 3

2. Actus Reus - Is there actual bodily harm?

Answer 3

Miller - Interfere with the health or comfort of the victim - must be more than transient/trifling
Chan Fook - More than trivial
Chan Fook - Includes psychiatric harm - identifiable clinical condition
T v DPP - Temporary unconscious
DPP v Smith - Cutting hair

Question 4

3. Actus Reus - Did the assault occasion (cause) the actual bodily harm?

Answer 4

Causation - the assault/battery must occasion the harm
Factual Causation - “but for” test ( White / Pagett )
Legal Causation - “operating and substantial cause” ( Smith )
Novus Actus Interveniens of Third Party ( Jordan )
Novus Actus Interveniens by Victim
Thin skull rule - Blaue

Question 5

3. Actus Reus - Did the assault occasion (cause) the actual bodily harm?

Answer 5

Causation - the assault/battery must occasion the harm
Factual Causation - “but for” test ( White / Pagett )
Legal Causation - “operating and substantial cause” ( Smith )
Novus Actus Interveniens of Third Party ( Jordan )
Novus Actus Interveniens by Victim
Thin skull rule - Blaue

Question 6

4. Men’s Rea - Intention or subjective recklessness for the assault / battery ONLY

Answer 6

Roberts - Only need men’s Rea for the assault or battery - D does not need to intend or be reckless as to only harm - does not need to foresee any harm