Cards (6)

    • ABH is charged under s.47 Offences Against the Person Act 1861 (OAPA 1861)
    • s.47 ABH definition - Assault occasioning actual bodily harm
    • AR: Assault occasioning actual bodily harm
      • D commits an either an assault or battery
      • The assault/battery must cause the injury
      • Roberts - an escape attempt will not break the chain of causation
    • Miller defined ABH as 'any hurt or injury which interferes with V's health or comfort'
      • T v DPP - knocking V unconscious is ABH (temporary loss of sensory functions)
      • DPP v Smith - cutting off a substantial amount of V's hair is ABH
      • Chan Fook - ABH includes psychiatric harm that goes beyond mere emotions such as fear
    • MR: Must intend or be reckless as to the assault or battery, you do not need to foresee the level of injury - Savage
    • ABH injuries may include:
      • Broken nose
      • Loss of teeth
      • Minor fractures/breaks e.g. fingers