ABH s.47 OAPA 1861
S.47 provides that it is an offence to commit ‘any assault, battery or common assault occasioning actual bodily harm’.
Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent but must be more than transient and trifling – R v Donovan.
The crime is triable either way and if found guilty the defendant is liable to a maximum sentence of 5 years imprisonment. The victim must suffer some injury, bruising or abrasions.
Actus Reus
The actus reus for ABH has three elements:
Assault/battery or common assault
Occasioned
Actual bodily harm
Requires proof of the actus reus of either an assault or battery.
The assault or battery must occasion actual bodily harm, so for there to be criminal liability, there must be an unbroken chain of causation.
The definition of ABH was clarified in the case of R v Miller (1954) as ‘any hurt or injury calculated to interfere with the health or comfort of the victim’ which means it can be physical or psychological harm.
It was held that an intervening act will not break the chain of causation if it was reasonably foreseeable -R v Roberts (1971)
In R v Chan-Fook (1994) it was held that the offence can cover psychological injury, but this must be confirmed by a medical expert.
Mens Rea
The mens rea of assault occasioning ABH is the same as for assault or battery.
No additional mens rea is required in relation to the actual bodily harm, as shown in Savage and Parmenter (1991).
Joint charging standards
Temporary loss of consciousness
Extensive bruising
Minor Fractures
Loss of a tooth
Cutting hair – DPP v Smith