Assault Occasioning Actual Bodily Harm: Definition and Elements
Section 47 of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm ABH as an offence punishable by up to five years imprisonment. This section explores the key components of ABH and its legal definition.
Definition of ABH
An assault occasioning actual bodily harm is an assault or battery that causes actual bodily harm. The offence requires the intention to cause fear of unlawful force, subject the victim to unlawful force, or be subjectively reckless as to causing assault or battery.
Definition: ABH is defined as an assault or battery causing actual bodily harm, with the intention or recklessness to cause fear or apply unlawful force.
Actus Reus of ABH
The actus reus of s47 ABH consists of three essential elements:
- Common assault
- Occasioning causation
- Actual Bodily Harm
Common Assault
To establish ABH, it is necessary to prove that an assault or battery occurred and that this caused the actual bodily harm.
Example: Cases such as R v Misalati, R v Ireland, R v Constanza, and R v Lamb demonstrate various forms of common assault that could lead to ABH.
Occasioning (Causation)
Causation in ABH includes both factual and legal causation.
Highlight: Factual causation is often demonstrated using the 'but for' test, as seen in cases like White 1910 and Pagett 1983. Legal causation requires the harm to be "more than minimal," as established in R v Kimsey.
Actual Bodily Harm
Actual bodily harm, as defined in Miller 1954, includes "any hurt or injury calculated to interfere with the health or comfort of the victim." It must be more significant than minor physical contact and can include bruises, grazes, and scratches.
Example: In Tu DPP 2003, it was held that loss of consciousness, even for a short period, can amount to ABH. In DPP v Smith 2006, cutting off a substantial amount of hair without consent was considered ABH.
Highlight: Psychiatric injury can also constitute ABH, but it must be a recognizable psychiatric illness, not merely emotions such as fear or distress, as established in Chan Fook 1994 and confirmed in Burstow 1997.
