ABH Flashcards
What two components form the actus reus of a Section 47 ABH offence?
The actus reus includes (1) common assault or battery.
(2) the occasioning of actual bodily harm (ABH), such as a bruise or small cut.
What level of harm qualifies as ‘actual bodily harm’?
ABH includes any injury that interferes with the victim’s health or comfort, such as bruising, minor cuts, or swelling—even if the injury is minor.
Does ABH require the injury to be serious?
No. The injury must be more than transient or trifling but does not need to be serious. Minor physical harm is sufficient.
What is the required mens rea for a Section 47 offence?
The defendant must intend or be reckless as to committing the initial assault or battery—but not as to the resulting injury.
Must a defendant foresee or intend the injury in order to be guilty of ABH?
No. As long as the defendant intended or was reckless about the assault or battery, they are liable for any actual bodily harm caused, regardless of intent or foresight regarding the injury.
Can a defendant be guilty of ABH if the injury was an unforeseeable consequence of a minor assault?
Yes. Even if the injury was unexpected, the offence is made out if the defendant intended the original unlawful contact that led to it.
What distinguishes battery from ABH?
Battery involves applying unlawful force without injury, while ABH involves such force that causes an actual injury, even if slight.
