Non-fatal offences-s.47 (ABH) Flashcards
What is the correct name for for this offence?
Assault occasioning actual bodily harm
What is the AR of ABH?
Common assault or battery resulting in ABH (assault occasioning actual bodily harm)
What is the MR of ABH?
Intention or subjective recklessness to the common assault or battery only
What section and act does ABH come from?
s.47 of the Offences Against the Person Act 1861
What does s.47 of the OAPA 1861 say about imprisonment for ABH?
“Whosoever shall be convicted of indictment of any assault occasioning actual bodily harm shall be liable to be imprisoned for any term not exceeding five years.”
What are the 3 elements of the AR of ABH?
- Assault
- Occasioning
- Actual bodily harm
What does assault mean in the 3 elements of the AR of ABH?
This means the AR of common assault, i.e. the AR of either assault or battery.
What does occasioning mean?
Causing
What must there be for causation to be proved?
Factual causation (“but for” test) White/Pagett
Legal causation (“substantial and operative cause”)
Which case makes clear the definition of actual, bodily and harm?
Chan-Fook (1994)
Give the facts of Chan-Fook (1994).
D subjected V to questioning about the theft of ring belonging to D’s fiancee.
D then dragged V upstairs and locked him in a room.
V feared D’s return and injured himself when he fell to the ground escaping through a window.
What did Chan-Fook (1994) make clear “Actual” meant?
Should not be so trivial as to be wholly insignificant
What did Chan-Fook (1994) make clear “bodily” meant?
Not limited to the skin, flesh and bones.
It includes the organs, nervous system and brain.
It can include psychiatric injury provided they go beyond mere emotions.
What did Chan-Fook (1994) make clear “harm” meant?
Injury
What case demonstrates the meanings of actual, bodily and harm made clear in Chan-Fook (1994)?
Smith (2006)
Give the facts of Smith (2006).
D cut off his former partner’s pony tail.
What did the court say in Smith (2006)?
The ABH is not limited to injury.
Extends to hurt and damage so long as it is not trivial.
ABH not limited to skin, flesh and bones but applies to all parts of the body, including the hair.
Which case makes clear the MR of ABH?
Roberts (1971)
What is the MR of ABH?
Intentionally or recklessly causing an assault or battery (NOT INTENTION OR RECKLESSNESS TO CAUSE ABH)
What is the case reference for direct intention?
Mohan
What is the case reference for recklessness?
Cunningham
Who are the Joint Charging Standards agreed between?
Agreed by Police and CPS (Crown Prosecution Service)
Why were the Joint Charging Standards produced?
To clarify the offences that would normally be charged following different levels of injury.
Are scratches/grazes battery or ABH?
Battery
Is temporary loss of sensory function battery or ABH?
ABH
Is minor bruising battery or ABH?
Battery
Is extensive or multiple bruising battery or ABH?
ABH
Are superficial (not serious) cuts battery or ABH?
Battery
Are minor cuts requiring stitching battery or ABH?
ABH
Are black eyes battery or ABH?
Battery
Are minor fractures battery or ABH?
ABH
Summarise examples of levels of injury which are charged with battery in the Joint Charging Standards.
Scratches/grazes
Minor bruising
Superficial cuts
Black eyes
Summarise examples of levels of injury which are charged with ABH in the Joint Charging Standards.
Temporary loss of sensory functions
Extensive or multiple bruising
Minor cuts requiring stitching
Minor fractures
Is there a requirement for the D to intend to cause ABH or foresee a risk that ABH will occur as a result of his actions?
No
Give examples of ABH injuries.
Temporary loss of sensory functions
Extensive or multiple bruising
Minor cuts requiring stitching
Minor fractures
Loss/broken tooth
Displaced/broken nose
Psychiatric injury beyond fear/panic, supported by medical evidence.
