Assault Occassioning Actual Bodily Harm
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]).
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(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]).
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