Assault occasioning ABH

Question 1

Need for an assault

Answer 1

base offence of either assault or battery

Question 2

“occasioning”

Answer 2

Causal
R v Roberts: “occasioning” interpreted as meaning the same as caused

Question 3

V must suffer actual bodily harm

Answer 3

Greater than mere touching
R v Donovan: “has its ordinary meaning”; “any hurt or injury calculated to interfere with the health or comfort” of V; “need not be permanent, but must… be more than merely transient and trifling”
T v DPP: temporary loss of consciousness can amount to ABH
CPS sentencing guidelines: the fact that there has been significant medical intervention and/or permanent effects have resulted is taken into account; multiple stitches, extensive bruising, psychiatric injury may be ABH while minor cuts, bruising, and swelling would be treated as battery
DPP v Smith: cutting off a woman’s ponytail was ABH
R v Ireland: medically recognised conditions which involve more than fear, panic, or distress can be included as ABH

Question 4

Recklessness as to the assault or battery

Answer 4

R v Savage and Parmenter: there is no need to foresee the ABH
(evidence of constructive liability; clear breach of correspondence principle)