Actual Bodily Harm

Question 1

Definition

Answer 1

contained within section 47 OAPA 1861, it is defined as assault or battery occasioning actual bodily harm and D could be sentenced up to 5 years

Question 2

How does ABH work?

Answer 2

the prosecution must first prove that an assault and/or battery has taken place.

occasioning - the assault or battery must then additionally cause some harm or injury. Ds assault/battery must legally and factually cause harm

Question 3

more than transient or trifling

Answer 3

the injury must be more than transient or trifling (DPP v T). however, it can include ‘any hurt or injury that interferes with the health or comfort of the victim. (R v Miller)

Question 4

CPS charging standards/precedent

Answer 4

examples of ABH -
1. more than minor scratches, grazes, and abrasions which don’t break two layers of the skin
2. extensive bruising and swelling
3. temporary loss of consciousness
4. cutting a substantial amount of hair
(DPP v Smith, T v DPP)

Question 5

psychiatric injury

Answer 5

the courts have recognised that psychiatric injury can also amount to ABH, however this will only extend to injury that is a recognised psychiatric conditon (R v Chan-Fook)