Non-fatal offences - S.47 ABH Flashcards
What is ABH
The offence of ABH (Actual bodily harm) has been outlined in s.47 of the offences against the person act 1861
What is the punishment for this offence ?
The sentence for this offence is a max of 5 years imprisonment
What needs to be done to be convicted of this offence ?
In order to be convicted you must carry out an assault/battery which causes actual bodily harm
What is meant by actual bodily harm ? (AR)
and what was held in the case of R v Miller ?
ABH is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’
held that it was ^ provided it is more than ‘transient and trifling’
Part of the AR, what are 2 other examples of ABH ?
Unconsciousness - T v DPP
Cutting of hair - DPP v Smith
What happened in the case of T v DPP and the case of DPP v Smith
T v DPP - loss of consciousness, even momentarily, was held to be ABH
DPP v Smith - court determined hear was to be treated as part of the body and noted cutting without consent is a serious matter amounting to ABH
What would not amount to ABH ? And what was held in the case of Chan Fook ?
Mere emotions such as fear, distress or panic do NOT amount to ABH.
It was held in the case of Chan Fook ‘feelings of fear and panic are emotions rather than an injury and without medical evidence to support recognised psychiatric condition a conviction for ABH could not stand
What is the MR from the case of R v Roberts
Held that no need to establish an intention or recklessness as to level of force under s.47 , sufficient to just establish that D had intention or was reckless as to the assault or battery
