ABH

• Requirements for assault occasioning actual bodily harm

  • AR - assault or battery that had result of occasioning ( causing ) actual bodily harm
  • MR - not mentioned specifically in the act so mens rea for common assault ( assault or battery ) is sufficient
• Actus reus for ABH

  • it's essential to prove there was an assault or battery that caused ABH
  • Actual bodily harm isn't defined in the act so defined via case law
  • ( scratching , swelling , bruising )
  • MILLER ' any hurt or injury calculated to interfere with health or comfort of V '
• Cases for AR of ABH

  • temporary loss of consciousness ( fainting ) T v DPP
  • cutting hair confirmed in DPP V SMITH
  • psychiatric injury CHANFOOK
  • court state that ' mere emotions such as fear distress and panic are not actual bodily harm
  • Decision approved in BURSTOW WHERE HL state bodily harm in s18,20 and 47 of OAPA 1861 must include recognisable psychiatric illness
• Mens rea

  • Mens rea for assault/ battery is sufficient
  • D must intend or be subjectively recklessness as to whether V fears or subjected to unlawful force
  • R v savage & parmenter - she had intent to throw beer which is unlawful force of battery and this enough MR for s47
• What offence, what sentence , what section

  Triable either way offence , s47 offences against person act 1861 and max sentence is 5 years