ABH s.47

Assault

In ABH term ‘assault’ refers to common assault ie, assault or battery (as confirmed in DPP v Taylor)

Savage (1991) - Occasioning

Must be an unbroken casual connection between the assault/battery and the harm

Miller (1954) - ABH

Any hurt or injury calculated to interfere with the health or comfort of the victim

T v DPP (2003)

Loss of consciousness, even momentarily

R v Smith (2006)

Cutting of a substantial amount of a person’s hair

R v Chan Fook (1994)

Need not be serious or permanent but must be more than trifling or transient. Mere emotions such as fear, distress or panic is insufficient.

Burstow (1997)

Can include recognisable psychiatric illness.

Mens rea - basic intent

Intention or subjective recklessness only as to the assault or battery

R v Roberts (1971)

No MR as to the ABH is required

R v Savage (1991)

Low level of MR (no correspondence)