OAPA: Assault occasioning actual bodily harm Flashcards
What is ABH
An offence under s.47 OAPA 1861 where an assault or battery causes actual bodily harm
What is the maximum sentence for ABH under s.47 OAPA 1861?
Up to 5 years imprisonment
What is the actus reus of ABH?
An assault or battery that causes actual bodily harm
What does “ocasioning” mean in the context of ABH?
The assault or battery must cause the harm
What constitutes as “actual bodily harm”?
Any harm that is more than trivial or insignificant, including physical injury or psychiatric harm.
Case: R v Miller - ABH includes “any hurt or injury calculated to interfere wuth the health or comfort of the victim”
Can psychological injury count as ABH?
Yes, if it is clinically recognised
Case: R v Chan-Fook (1994) – Psychiatric injury can constitute ABH, but mere emotions like fear or panic do not.
Can temporary injury be sufficient for ABH?
Yes, even temporary pain or discomfort can amount to ABH
Case: T v DPP (2003) – Temporary loss of consciousness was held to be ABH.
What is the mens rea for ABH?
The mens rea of the initial assault or battery. There is no requirement to intend or foresee the actual bodily harm
Which case clarified the Mens Rea for ABH?
R v Roberts - the defendant need only have the Mens Rea for the assault or battery, not for the resulting ABH
What happened in R v Chan-Fook?
ABH includes psychiatric injury but not mere emotions or distress
How do you indentify ABH in a scenario question?
Assault or battery (actus reus)
Causation linking the act to the harm
Harm that is more than trivial
Mens Rea for the underlying assault or battery
How should you structure your answer in an exam?
Define the offence under s.47 OAPA 1861
Explain the Actus Reus (assault/battery + ABH)
Discuss causation (factual and legal)
Outline the mens rea (intention/recklessness for assault/battery)
Apply case law to support your points
