Actual Bodily Harm (ABH) AO1

Section and Act?

Section 47 Offence Against the Persons Act (OAPA) 1861

Offence category and max sentence

Triable Either Way

5 years max.

Actus Reus

Assault occasioning ABH (assault or battery causing ABH)

Definition?

Miller: ‘any hurt or injury calculated to interfere with V’s health or comfort’ (affect lifestyle)

Bodily includes…

The mind (Chan Fook)

Cutting hair (Smith)

Temporary loss of consciousness (T)

Silent phone calls (Ireland)

Can also be…

Indirect- D doesn’t need to touch V (Roberts)

Mens Rea?

MR for an assault/battery- no need to prove D was reckless/intentional to the ABH

Reform Proposal?

Law Commission 2025

Suggested changing ABH to ‘D intentionally or recklessly causes V injury’

(Would clarify the law & include mental harm)