NFO: Offence against the person act 1861

Question 1

Define Actual bodily harm

Answer 1

Actual bodily harm is 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

Explain Assault or battery with additional result of harm

Answer 2

The assault or battery must then additionally cause some harm or injury. Ds assault/battery must factually and legally cause vs harm without any intervening acts.

Question 3

Explain more than ‘transient or trifling’ + case example

Answer 3

Any hurt or injury calculated to interfere with vs health or comfort. However, the injury must be more than transient or trifling (R v Miller)

Question 4

Explain the CPS charging standards/precedent + case example

Answer 4

More than minor scratchings, grazes and abrasions that break the layers of the skin.
Extensive bruising or swelling
Temporary loss of consciousness (T v DPP)
Cutting substantial amount of hair (DPP v Smith)

Question 5

Explain Psychological injury + case example

Answer 5

The courts recognise that psychological injuries can also amount to ABH.
However this will only extent to psychological harm where the injury is an identified or recognised psychological condition.
Fear and anxiety can’t amount to ABH they are only temporary.
(R v Chan-Fook)

Question 6

Explain the mens rea for ABH

Answer 6

The MR of ABH is that of the base assault or battery, there is no additional MR required in relation to the result of ABH (R v Roberts)
There is also no need for the D to foresee any ABH (Rv Savage)