ABH

• R v MILLER

  -The defendant’s wife had left him in 1952. The following year she petitioned for divorce. Before the hearing for the petition the defendant had sexual intercourse with her against her will.

  • “Any hurt or injury calculated to interfere with the health or comfort of the victim”-

  Definition of actual bodily harm.
• -Actual Bodily harm was defined in R v ChanFook (1994) to include both minor physical injury and clinically diagnosed psychological injury but not emotions such as fear, distress or panic.
• -T v DPP: Loss of consciousness is ABH
• -DPP v Smith: cutting a ponytail is ABH.
• -The defendant need not have mens rea as to actually causing ABH, he need not intend V to suffer minor bodily harm. (R v Savage)