Assault Occasioning Actual Bodily Harm

Question 1

AOABH actus reus

Answer 1

An assault or battery, which causes actual bodily harm. “Actual bodily harm” (abh) is defined loosely as “any hurt or injury calculated to interfere with health or comfort”

Question 2

Mental harm counts for ABH

Answer 2

R v Ireland
The defence argued that the Victorians would not have been concerned with mental issues when making the statute. HofL dimissed this saying statute is “always speaking” i.e. Contemporary definitions of words can be used, the intention of the Victorians is irrele-vant. HofL said that in the contemporary sense, there is less of a distinction between mental and physical harm. However, distinguished psychiatric illnesses from things like stress and anxiety which would not suffice to count as psychological injuries.

Question 3

Must show psychiatric illness by inspection by doctor or psychiatrist

Answer 3

R v D

Question 4

AOABH mens rea

Answer 4

D need only have intended or foresaw the original assault/battery itself: not necessary to prove that he also intended or even foresaw any ABH. Mens rea only partly corresponds with the actus reus - “constructive liability” (which is by definition incompatible with the so-called “correspondence principle”):

Question 5

Only need to intend battery, not ABH

Answer 5

R v Savage

Meant to pour a pint on her but dropped the glass on her head

Question 6

Defences

Answer 6

Self-defence, duress, and insanity