Assault Occasioning Actual Bodily Harm

Question 1

Introduction

Answer 1

S47 Offences Against the Person Act 1861, “anyone convicted of assault occasioning Actual bodily harm shall be liable for imprisonment of 5 years.

Question 2

Actus Reus - Definition?

Answer 2

Miller - Assault or Battery leading to harm which interferes with health or comfort.

Question 3

Actus Reus - Causation?

Answer 3

R v Roberts - The assault or battery must lead to actual bodily harm (Usual rules of causation).

Question 4

Actus Reus - Consciousness?

Answer 4

T v DPP - Loss of consciousness could be ABH.

Question 5

Actus Reus - Fagan v Metropolitan Police Commissioner?

Answer 5

The Battery for ABH can be achieved through a continuing act.

Question 6

Actus Reus - DPP v K?

Answer 6

Battery for ABH can be achieved through an indirect act.

Question 7

Actus Reus - Hair?

Answer 7

DPP v Smith - Cutting a Victims hair.

Question 8

Actus Reus - Psychiatric?

Answer 8

Chan Fook - Psychiatric injury.

Question 9

Mens Rea ?

Answer 9

R v Parmenter -Intention or subjective recklessness for assault or battery.

Question 10

CPS Code for ABH?

Answer 10

Loss of teeth, extensive or multiple bruising, broken nose, minor fractures, cuts requiring medical treatment.