Assault Occasioning Actual Bodily Harm [Non-Fatal Offences]

Question 1

From what section and act of parliament do we get this offence from?

Answer 1

s47 Offences Against The Person Act 1861

Question 2

What is the maximum sentence for a defendant, if charged?

Answer 2

5 years imprisonment

Question 3

What is the FIRST element of the Actus Reus?

Answer 3

There must have been an assault or a battery.

Question 4

What must be mentioned SECOND?

Answer 4

That ‘occasioning’ means causing.

Question 5

What is the THIRD element of the Actus Reus?

Answer 5

Firstly, R v Miller defined ABH as ‘any hurt or injury calculated to interfere with the health or comfort of the victim.

However, R v Chan Fook gives us the updated definition. ‘Actual’ means the injury should not be so trivial as to be ‘wholly insignificant’ but does not need to be permanent. ‘Bodily’ is not limited to harm of the skin, flesh and bones of the victim but includes organs, nervous systems and the brain. It also includes psychiatric injury but not any emotions or state of mind that is not an identifiable medical condition. ‘Harm’ means injury.

Question 6

What is the MENS REA of the offence?

Answer 6

It is sufficient to prove that D had the relevant mens rea for the assault or battery they committed.

Question 7

What should be mentioned AFTER the actus reus is discussed?

Answer 7

Causation

Question 8

What is the definition given to the offence?

Answer 8

Any person convicted of any assault occasioning actual bodily harm shall be liable for up to 5 years imprisonment