non-fatal offences: actual bodily harm

Question 1

define ABH

Answer 1

D’s conduct causes some harm to be caused to victim

Question 2

explain ABH actus reus

Answer 2

• interferes with health or comfort of V, provided it is not merely transient or trifling (Miller)
• ABH is psychiatric harm (Chan-Fook)
• cutting of hair is ABH (DPP v Smith)
• loss of consciousness is ABH (T v DPP)
• indirect battery is ABH (DPP v K)

Question 3

explain ABH mens rea

Answer 3

it is immaterial if the D did not intend to cause some harm or did not realise the harm would be
caused (Savage). He has the mens rea of ABH caused by assault/battery and that is sufficient.

assault:
- direct intent (Mohan)
- recklessness (Cunningham)

assault:
- direct intent (Mohan)
- recklessness (Cunningham)

Question 4

Miller

Answer 4

harm must interfere with the health or comfort of the V, and it is not merely transient or trifling

Question 5

Chan-Fook

Answer 5

can be psychiatric harm but should not be so trivial as to be wholly insignificant

Question 6

DPP v Smith

Answer 6

the cutting of hair is ABH

Question 7

T v DPP

Answer 7

loss of consciousness, even momentarily is ABH

Question 8

DPP v K

Answer 8

indirect battery is sufficient

Question 9

Savage

Answer 9

it is immaterial if the D did not intend to cause some harm or did not realise the harm would be
caused. He has the mens rea of ABH caused by assault/battery and that is sufficient.