ABH

Question 1

ABH

Answer 1

S47 OAPA 1861
The offence is committed when a person intentionally or recklessly assaults another, thererby occassioning actual bodily harm.
Max imprisonment 5 years.

Question 2

Assault

Answer 2

Must be a common assault (assault or battery)
Must prove all AR and MR elements (no causation) of the offence before discussing ABH.

Question 3

Causation

Answer 3

‘occassioning’ means causation
Must prove that the assault/battery committede by D actually caused the ABH injuries.
Prove factual and legal causation.

Question 4

ABH

Answer 4

Wide definition, covers bruises, scratches, broken nose etc.
Also includes psychiatric injury but not ‘mere emotions such as fear, distress or panic’ (Chan-Fook)
Miller- D threw V to the ground leaving her in a hysterical, nervous condition. Held that ABH includes ‘any hurt or injury calculated to interfere with the health or comfort’ of the victim
Chan Fook- Harm means injury, and actual means ‘not so trivial as to be wholy insignificant’, bodily harm isn’t limited to harm to the skin, flesh or bones, also includes organs, nervous system and brain.
T v DPP- V chased by D, V fell and kicked by D causing brief lack of consciousness. Held that a loss of consciousness, even momentarily, can constitute ABH.
Smith- D cut off V’s ponytail. ABH isn’t limited to injury & extends to hurt and damage as long as not trivial. ABH applies to all parts of the body, including hair. (while a bruise technically constitutes ABH it’s unlikelt the CPS would prosecute)

Question 5

Mens Rea

Answer 5

As long as D has MR for assualt/battery (whether intention or recklessness) they have MR for S.47 ABH.
Roberts- V jumped of D’s moving vehicle fearing sexual assault. D had MR to commit a battery so was guilty of battery occassioning ABH.
Savage- D threw beer at V but accidentally let go of the glass causing much more serious injury intended. Court confirmed that S.47 it is intent or recklessness to the common assault.