Actual Bodily Harm (ABH) S47

What is ABH?

Actus Reus for Assault/Battery + Assault/Battery caused “actual bodily harm” + Mens Rea of Assault/Battery

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Assault → Any act that makes the victim apprehend immediate and unlawful violence plus the assault caused actual bodily harm (hurt or injury calculated to interfere with health or comfort) with intention or recklessness in making the victim apprehend immediate and unlawful violence

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Battery → The application of unlawful physical violence plus the battery caused actual bodily harm (hurt or injury calculated to interfere with health or comfort) with intention or recklessness

Actus Reus

Actus Reus of Assault/Battery + Assault/Battery caused “actual bodily harm”

R v Miller

“Hurt or injury calculated to interfere withR health or comfort”

R v Chan-fook

* “The world ‘actual’ indicates the injury (although there is no need for it to be permanent) should not be so trivial as to be wholly insignificant”
* ABH includes psychological injury as long as it is a clinically recognised condition

Mens Rea

Mens Rea of Assault/Battery

R v Savage

* No additional Mens Rea is required regarding the ABH; Assault/Battery is enough
* Not necessary to show D either intended or was reckless that harm as serious as ABH might be caused

What Act is ABH Under?

S47 Offences Against the Person Act 1861

What is the Maximum Sentence for ABH?

5 Years Imprisonment

What Type of Offence is ABH?

Triable Either Way