Assault Occassioning Actual Bodily Harm

Subscribe on YouTube

I help people navigate their law degrees

🎓 Simple and digestible information on studying law effectively.

🎬 One new video every week (I accept requests and reply to everything!)

📚 FREE courses, content, and other exciting giveaways.

Gareth Evans' personal youtube channel

Introduction

Section 47 of the Offences Against the Person Act 1861 states: “Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm (ABH) shall be liable... to be imprisoned for any term not exceeding five years”

The definition of an assault occasioning actual bodily harm (ABH):

  • Actus Reus: the defendant must commit an assault or battery which causes the victim to suffer actual bodily harm.
  • Mens Rea: the defendant must intend or be reckless as to the assault or battery. Note: there is NO need to show that the defendant intended or foresaw actual bodily harm.

The offence of ABH can be broken down into three elements:

  • (1) It must be shown that there was an assault or battery.
  • (2) The victim must suffer ABH.
  • (3) It must be shown that the ABH was occasioned by the common assault or battery of the defendant.

(1) It must be shown that there was an assault or battery

For there to be an assault occasioning ABH you must first demonstrate there was either an assault or battery.

Both the mens rea and actus reus of the assault or battery must be shown.

(2) The victim must suffer ABH

ABH has been defined as "any hurt or injury calculated to interfere with the health or comfort" of the victim (R v Donovan [1934])

The harm need not be permanent, but it should "not be so trivial as to be wholly insignificant" (Hobhouse LJ in R v Chan-Fook [1994]).

  • For example, bruises, grazes, or breaking teeth could all be included within ABH. See, for example, the case of DPP v Smith [2006].

R v Ireland [1998] demonstrated that causing someone to suffer psychological injuries could be included within the term ABH, but only if they were medically recognised conditions which involved more than fear, panic, or distress (R v Burstow [1998]).

The Art of Getting a First in Law - ONLY £4.99

FOOL-PROOF methods of obtaining top grades

SECRETS your professors won't tell you and your peers don't know

INSIDER TIPS and tricks so you can spend less time studying and land the perfect job

We work really hard to provide you with incredible law notes for free...

The proceeds of this eBook helps us to run the site and keep the service FREE!

CONTENT

(3) The ABH must have occasioned assault or battery to the defendant

'Occasioned' has been interpreted as meaning the same as caused (R v Roberts (1972))

It should be stressed that the only mens rea requirement for an assault occasioning ABH is intent or recklessness that the victim will suffer an assault or battery; there is no need to show that the defendant foresaw the ABH (R v Savage and Parmenter [1992]).

Law Application Masterclass - ONLY £9.99

Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers.

✅ 60+ page eBook

✅ Research Methods, Success Secrets, Tips, Tricks, and more!

✅ Help keep Digestible Notes FREE

Course on the art of learning effectively, a reading masterclass