Non-fatal offences-s.47 (ABH) Flashcards
What is the correct name for for this offence?
Assault occasioning actual bodily harm
What is the AR of ABH?
Common assault or battery resulting in ABH (assault occasioning actual bodily harm)
What is the MR of ABH?
Intention or subjective recklessness to the common assault or battery only
What section and act does ABH come from?
s.47 of the Offences Against the Person Act 1861
What does s.47 of the OAPA 1861 say about imprisonment for ABH?
“Whosoever shall be convicted of indictment of any assault occasioning actual bodily harm shall be liable to be imprisoned for any term not exceeding five years.”
What are the 3 elements of the AR of ABH?
- Assault
- Occasioning
- Actual bodily harm
What does assault mean in the 3 elements of the AR of ABH?
This means the AR of common assault, i.e. the AR of either assault or battery.
What does occasioning mean?
Causing
What must there be for causation to be proved?
Factual causation (“but for” test) White/Pagett
Legal causation (“substantial and operative cause”)
Which case makes clear the definition of actual, bodily and harm?
Chan-Fook (1994)
Give the facts of Chan-Fook (1994).
D subjected V to questioning about the theft of ring belonging to D’s fiancee.
D then dragged V upstairs and locked him in a room.
V feared D’s return and injured himself when he fell to the ground escaping through a window.
What did Chan-Fook (1994) make clear “Actual” meant?
Should not be so trivial as to be wholly insignificant
What did Chan-Fook (1994) make clear “bodily” meant?
Not limited to the skin, flesh and bones.
It includes the organs, nervous system and brain.
It can include psychiatric injury provided they go beyond mere emotions.
What did Chan-Fook (1994) make clear “harm” meant?
Injury
What case demonstrates the meanings of actual, bodily and harm made clear in Chan-Fook (1994)?
Smith (2006)
