Actual Bodily Harm

• The elements of ABH actus reus

  1. Actus reus of an assault or battery
  2. V suffers an injury which counts as actual harm
  3. The initial assault or battery causes that injury
• R v Chan Fook [1994]

  ABH is "an injury not so trivial as to be wholly insignificant".

  Psychological harm can be ABH. (e.g. PTSD)
• What did Chan Fook say could NOT be ABH?

  Emotions
• DPP v Smith [2006]


  Cutting off someone's hair can amount to ABH.
• T v DPP [2003]


  Loss of consciousness can be ABH.
• R v Savage [1991]


  D doesn't need to intend or be reckless in causing harm, they just need the mens rea of the assault or battery.
• R v Cunningham [1957]


  Where D realises a risk of the consequence but continues regardless.
• Where is ABH defined?

  section 47 of the Offences Against the Person Act 1861
• ABH is defined as assault occasioning actual bodily harm