Assault Occasioning Actual Bodily Harm

Question 1

What does s47 of the offences against the persons act 1861 set out?

Answer 1

This type of offence is assault occasioning actual bodily harm

Question 2

What type of offence is s47 offences against the persons act 1861?

Answer 2

A triable either way offence

Question 3

What is the maximum sentence for an s47 offences against the persons act 1861?

Answer 3

5 years

Question 4

What is the actus reus of s47 offences against the persons act 1861?

Answer 4

The act specifies assault but it has been interpreted to mean either harm by consequence of assault or assault which precedes to battery

Question 5

What is an example of someone being harmed by consequence of assault?

Answer 5

Running away from the assault/defendant and falling over

Question 6

What is an example of assault preceding battery?

Answer 6

The defendant swearing at the victim then hitting them

Question 7

As part of the actus reus what does the prosecution need to prove?

Answer 7

That the act caused actual bodily harm

Question 8

In s47 offences against the persons act 1861: assault occasioning actual bodily harm, what does the term occasioning mean?

Answer 8

Causing

Question 9

What did the court state in Miller (1954)?

Answer 9

That “actual bodily harm includes hurt or injury calculate to interfere with health or comfort of the victim”

Question 10

When was the statement in Miller made?

Answer 10

1954

Question 11

In which case did the court say “actual bodily harm includes hurt or injury”?

Answer 11

Miller (1954)

Question 12

What did Lord Hobhouse state in the case of R v Chan-Fook (1994)?

Answer 12

That the word actual indicates that though injury does not have to be permanent it should not be “so trivial as to be wholly insignificant”

Question 13

In which case did Lord Hobhouse discuss the word ‘actual’?

Answer 13

R v Chan-Fook (1994)

Question 14

What case happened in 1994?

Answer 14

R v Chan-Fook

Question 15

In what year was the case of R v Chan-Fook?

Answer 15

1994

Question 16

What did Lord Hobhouse say about the word ‘actual’?

Answer 16

That the injury does not have to be permanent but should not be “so trivial as to be wholly insignificant”

Question 17

What happened in the case of DPP v Smith (2006)?

Answer 17

The court held cutting someone’s hair could amount to ABH when the defendant cut his ex girlfriends pony tail off without her consent

Question 18

What did the court state in the Chan-Fook (1994) case?

Answer 18

Psychological injury could also be ABH if there was a clinically recognised condition

Question 19

What are some examples of injuries given by the CPS charging standards which might be treated as ABH?

Answer 19

Loss of consciousness
Minor fractures
Loss or breaking of teeth

Question 20

What section of the offences against the persons act 1861 is relevant to non-fatal offences?

Answer 20

S47

Question 21

What is the men’s rea for ABH?

Answer 21

Same as for battery and assault:

The defendant does not have to be intending or even aware of any risk of harm. At the lowest level they need only be aware that there is a risk the victims might apprehend that they are about to apply some unlawful force

Question 22

What case is relevant to the men’s rea for ABH?

Answer 22

R v Savage (1992)

Question 23

When was the case of R v Savage?

Answer 23

1992

Question 24

What case was in 1992?

Answer 24

R v Savage

Question 25

What happened in the case of R v Savage (1992)?

Answer 25

The defendant went to the pub and saw her husbands new girlfriend with some friends. She threw a pint of beer over her and the glass slipper and cut the woman’s wrist

Question 26

What did the court rule in the case of R v Savage (1992)?

Answer 26

That the defendant did not need to be aware of the risk that she might cause harm - she did intend to apply the unlawful force which was enough for an S47 conviction

Question 27

What cases are relevant to ABH?

Answer 27

R v Savage (1992)
R v Chan-Fook (1994)
DPP v Smith (2006)
Miller (1954)