Assault Occasioning Actual Bodily Harm Flashcards
1
Q
What is the maximum prison sentence for ABH?
A
5 years
2
Q
What is the actus reus for ABH?
A
Assault occasioning ABH
3
Q
What is the meaning of assault in the actus reus of ABH?
A
It means assault or battery. Both the mens rea and actus reus must be present.
4
Q
What does occasioning mean for actus reus of ABH?
A
Causing - normal causation rules apply
5
Q
Can ABH be committed through an omission?
A
Yes eg if D creates a danger and fails to avert it
6
Q
What is ‘actual bodily harm’ for ABH?
A
- any hurt or injury calculate to interfere with the health or comfort of victim
- hurt need not be serious or permanent, but must be more than transient and trifling
- should not be so trivial as to be wholly insignificant
- includes momentary loss of consciousness
7
Q
Can psychiatric injury amount to actual bodily harm?
A
Yes - must be more than mere emotions such as fear or distress or panic
8
Q
What mens rea is required for ABH?
A
No specific mens rea
Mens rea of assault or battery is required
9
Q
What kind of injuries are covered by ABH?
A
- temporary loss of sensory function (eg sight or hearing)
- temporary loss of consciousness
- extensive bruising
- cutting someone’s hair without their consent
- minor fractures
- psychiatric injury that is more than trivial - beyond mere fear, distress or panic
