Assault Occasioning Actual Bodily Harm

Question 1

Assault occasioning actual bodily harm is defined in

Answer 1

Assault occasioning actual bodily harm is defined in section 47 of the Offence Against the Persons Act 1861

Question 2

The actus reus of assault occasioning actual bodily harm is

Answer 2

The actus reus of assault occasioning actual bodily harm is either assault or battery which causes ABH to another person

Question 3

Then prove an assault or batter has occurred

Answer 3

When done move to prove ABH has occurred

Question 4

Harm must not be

Answer 4

Harm must not be so trivial as to be wholly insignificant R v Chan Fook

Question 5

Bodily harm includes psychiatric

Answer 5

R v Chan Fook

Question 6

Bodily harm includes hair

Answer 6

DPP v Smith

Question 7

Bodily harm includes unconscious

Answer 7

T v DPP

Question 8

Causation there must be no intervening acts

Answer 8

Factual causation - R v Paggett ‘but for’

Legal causation - R v Smith ‘operative and substantial

Question 9

Mens rea

Answer 9

Prove the men’s rea of assault/battery

Question 10

You don’t need any men’s rea to cause the actual harm

Answer 10

R v Savage