Assault Occasioning Actual Bodily Harm

Question 1

What is the statute for ABH?

Answer 1

Section 47 OAPA 1861

Question 2

What is meant by ABH?

Answer 2

R v Donovan; any hurt or injury calculated to interfere with the health or comfort of the victim

Question 3

AR of ABH

Answer 3

An assault occasioning actual bodily harm

Question 4

What is the 1st element of the AR of ABH?

Answer 4

Assault includes both assault and battery DDP v Taylor

Question 5

What is the 2nd element of the AR?

Answer 5

Occasioning — Assault or battery must be the factual or legal cause of the actual bodily harm

Question 6

Define factual causation?

Answer 6

‘But for’ test — R v White

Question 7

Define legal causation?

Answer 7

R v Smith - was D more than a minimal cause of death or injury?
Chesire - D must be the operating and substantial cause of death

Question 8

What is the 3rd element of the AR?

Answer 8

Actual bodily harm

need not be permanent but should not be so trivial as to be wholly insignificant

Question 9

What is the MR of ABH?

Answer 9

Intention or recklessness for assault and battery
R v Roberts

Question 10

What type of offence is ABH?

Answer 10

Triable either way - maximum sentence is 5 years or 7 if racially aggravated