non- fatal offences - ABH

Question 1

what act does ABH come under?

Answer 1

s.47 Offences Against The Person Act 1861

Question 2

actus reus

Answer 2

Assault or battery occasioning ABH

Question 3

mens rea

Answer 3

intention or recklessness as to the assault or battery

Question 4

what offence is it?

Answer 4

triable either way

Question 5

what does the section state?

Answer 5

Who ever shall be convicted of any assault occasioning actual bodily harm shall be liable… to imprisonment for five years

Question 6

What did Miller state about ABH?

Answer 6

Any hurt or injury calculated to interfere with the health of comfort of the victim

Question 7

T v DPP

Answer 7

Defendant was convicted of assault occasioning actual bodily harm. loss of consciousness even momentarily was held to be actual bodily harm

Question 8

DPP v Smith

Answer 8

The magistrates found there was no case to answer as they thought that cutting hair could not amount to ABH. The prosecution appealed and the divisional court held at cutting out the substantial amount of hair could be ABH

Question 9

R v Chan Fook (1994) - psychiatric harm can also be classed as ABH

Answer 9

Conviction was quashed as they pointed out that ABH does not include ‘ mere emotions such as fear distress or panic nor does it include states of mind that are not themselves. evidence of some identifiable clinical condition is needed’

Question 10

mens rea

Answer 10

• s.47 makes no reference to mens rea
• there is no need for the defendant to intend all be reckless as to whether actual bodily harm

Question 11

R v Roberts

Answer 11

The defendant was found guilty of assault occasioning ABH even though he hadn’t intended any injury or realise there was a risk of one. however he had intended unlawful force when he touched her as he tried to remove her coat this satisfied the MR