Assault Occasioning Actual Bodily Harm

Question 1

What does ‘Assault’ mean in the context of ABH?

Answer 1

It means ‘common assault.’ It must be proven that the defendant committed an initial assault or battery.

Question 2

What are the actus reus requirements for ABH?

Answer 2

The defendant commits an assault or battery occasioning actual bodily harm.

Question 3

Define ‘Occasioning’ in the context of ABH.

Answer 3

There must be an unbroken chain of causation between the initial assault or battery and the actual bodily harm suffered by the victim.

Question 4

How is ‘Actual Bodily Harm’ defined in law?

Answer 4

It is not defined within the statute. Judges have interpreted it to include physical and psychiatric injuries where the victim has suffered harm.

Question 5

What is the definition of ABH given in Miller?

Answer 5

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

Question 6

What is the mens rea of ABH?

Answer 6

Intention or recklessness (subjective) as to the assault or battery. There is no requirement that the defendant intended or was reckless as to the injury inflicted (R v Venna).

Question 7

What is the legal classification of ABH under S47 of the Offences Against the Person Act?

Answer 7

A triable either way offence with a maximum sentence of 5 years imprisonment.

Question 8

What must be present to constitute an offence under S47?

Answer 8

All elements of an assault or battery must be present.

Question 9

Give two examples of ABH.

Answer 9

1. T v DPP: Momentary loss of consciousness.
2. DPP v Smith: Cutting of the victim’s hair.