ABH

• What type of offence is ABH under the Offences Against the Person Act 1861?


  Triable either way
• What is the maximum imprisonment for assault occasioning actual bodily harm under s47 OAPA 1861?


  Five years
• Does the OAPA 1861 provide definitions for 'assault' or 'actual bodily harm'?


  No, it does not provide definitions
• What are the elements required for assault occasioning ABH?


  Assault or battery that caused an injury
• What is the mens rea for assault occasioning ABH?


  Intention or recklessness regarding assault or battery
• What does 'actual bodily harm' refer to according to R v Miller [1954]?


  Any hurt or injury that interferes with the health or comfort of the victim
• How did R v Chan-Fook [1994] define 'actual bodily harm'?


  The injury must not be trivial or wholly insignificant
• Does unconsciousness count as ABH according to T v DPP [2003]?


  Yes, it counts as ABH
• What was the ruling in DPP v Smith (Michael Ross) [2006] regarding cutting hair?


  Cutting a significant portion of hair without consent amounts to ABH
• What did Sir Igor Judge state about hair in DPP v Smith [2006]?


  Hair is an intrinsic part of the human body
• What must psychological injury be classified as according to R v Chan-Fook [1994]?


  A clinically recognized condition
• What was the outcome of R v Chan-Fook [1994] regarding the student lodger's injuries?


  ABH was charged based on psychiatric injury
• What does 'bodily' include according to Hobhouse LJ in R v Chan-Fook [1994]?


  All parts of the body, including organs and the nervous system
• What does the mens rea for s47 OAPA 1861 entail?


  Intention or recklessness regarding the assault or battery
• What was the ruling in R v Roberts [1971] regarding mens rea?


  Intention for battery suffices for ABH, no need for intent regarding injury
• What was the argument made by D in R v Roberts [1971]?


  D argued he lacked mens rea for ABH due to no intent for injury
• What did Lord Ackner state in Savage and Parmenter (1991) regarding ABH?


  Prosecution does not need to prove intent to cause ABH
• What does s39 Criminal Justice Act 1988 cover?


  Assault and battery leading to actual bodily harm
• What are the key cases related to ABH and their significance?


  • R v Miller [1954]: Defines ABH as any injury affecting health or comfort.
  • R v Chan-Fook [1994]: Establishes psychological injury must be clinically recognized.
  • T v DPP [2003]: Confirms unconsciousness counts as ABH.
  • DPP v Smith (Michael Ross) [2006]: Cutting hair without consent is ABH.
  • R v Roberts [1971]: Intent for battery suffices for ABH.
  • Savage and Parmenter (1991): No need to intend ABH, just unlawful force.