Non- fatal offences- ABH

Question 1

WHAT IS ASSAULT OCCASIONING ACTUAL BODILY HARM?

Answer 1

Under SECTION 47 of the OFFENCES AGAINST THE PERSONS ACT 1861 (OAPA 1861) it is an offence to commit ‘any assault occasioning actual bodily harm’.

Question 2

ASSAULT MEANS?

Answer 2

D must satisfy the actus reus of either an assault or battery.

Question 3

OCCASIONING MEANS?

Answer 3

Caused.

Question 4

ACTUAL BODILY HARM MEANS?

Answer 4

ABH is ‘any hurt or injury calculated to interfere with the health or comfort of V: MILLER. The word ‘ actual’ means the injury ‘should not be so trivial as to be wholly insignificant’: CHAN-FOOK.

Question 5

MENS REA OF ABH? SAVAGE?

Answer 5

Requires either the mens rea of an assault or the mens rea of a battery. D doesn’t have to intend or be reckless as to whether ABH is caused to V: SAVAGE.