Non fatal offences - assault occasioning ABH

Question 1

Statute for assault occasioning ABH

Answer 1

• Section 47 Offences Against the Person Act 1861

Question 2

Punishment for assault occasioning ABH

Answer 2

• 5 years max

Question 3

Actus reus for assault occasioning ABH (8)

Answer 3

• There must be an assault or battery which occasions ABH
• Ireland; Burstow
  o Must establish AR and MR of the assault or battery
• Roberts
  o Occasions = Assault or battery causes actual bodily harm
• Donovan, Miller
  o ABH = Any hurt or injury that interferes with health or comfort
• R (T) v DPP
  o Low threshold for ABH – momentary loss of consciousness amounted to ABH
• DPP v Smith
  o Cutting off ponytail amounted to ABH – evidence of external injury was not required for s47
• Chan-Fook
  o ABH includes psychiatric injury but not mere emotions – muts be identifiable clinical condition
• Morris
  o Need expert evidence to show psychiatric injury
• Dhaliwal
  o Psychological harm could amount to ABH – still need identifiable psychiatric injury

Question 4

Mens rea for assault occasioning ABH (1)

Answer 4

• D must have MR for assault or battery
• R v Savage, Parmenter
  o D need not intend to be reckless as to ABH

Question 5

Problems with assault occasioning ABH (3)

Answer 5

• Correspondence – need to show mens rea relates to prescribed harm but the mens rea is for assault/battery not ABH
• Meaning of ABH – threshold is too low – means can easily go from battery to s47
• Punishment – too large a jump from punishment for battery which is months to ABH which is 5 year maximum