S.47 Actual bodily harm

Question 1

What act is Actual bodily ham set out in?

Answer 1

s.47 Offences against the person act

Question 2

What type of offence is ABH?

Answer 2

Triable either way offence

Question 3

What is the punishment for ABH?

Answer 3

Maximum five years imprisonment

Question 4

What are the three elements of the Actus reus of ABH?

Answer 4

1. Assault or battery
2. Occasioning
3. Actual bodily harm

Question 5

Define the first element (Assault or battery)

Answer 5

Proof of the actus reus of assault or battery is required

Question 6

Define the second element (Occasioning)

Answer 6

The assault or battery must occasion bodily harm. And there must be an unbroken chain of causation for there to be criminal liability

Question 7

What case had a woman jump from a car to avoid sexual assault and what was the ultimate decision?

Answer 7

R v Roberts - The jumping from the car did not break the chain of causatio as it was reasonablely forseeable she would jump from the car to avoid the sexual assault

Question 8

What case defined the third element (Actual bodily harm)

Answer 8

R v Miller = “Hurt or injury calculated to interfere with health or comfort”

Question 9

Is psychological harm ABH? Give a case example?

Answer 9

DPP v Smith

Question 10

Is emotional harm ABH? Give a case example?

Answer 10

R v Chan Fook

Question 11

What is the mens rea for ABH?

Answer 11

Same as assault or battery