Assault occasioning ABH
There are no injuries for a charge of assault or battery. If an assault or battery causes an injury it
becomes a more serious offence of “assault occasioning actual bodily harm” under s.47 offences
against the persons act 1861. It’s a statutory offence so it is triable either way, maximum custodial
sentence is 5 years.
Assault occasioning actual bodily harm;
“Assault” here means common assault so could be assault or battery. “Occasioning” means
causing, so the usual rules on causation apply.
- AR: an assault occasioning actual bodily harm.
- MR: same MR as for just the assault or battery (not the injury).
“Actual” harm; means an injury that is more than trivial but less than serious, Chan Fook -
“bodily” harm includes psychological harm, Smith (Michael) - “bodily” harm includes cutting the
victim’s hair, T v DPP - actual bodily harm includes unconsciousness and injuries need not be
permanent.
MR is only needed for the initial assault or battery, Savage - two women argued in a pub and one
grabbed drink to throw but glass hit the woman so s.47, had MR of a battery so had MR for s.47, no
MR needed for injury.
For AR: establish assault/battery first then discuss the harm
For MR: pick the MR for either assault or battery, use evidence from the scenario to show D had
MR.
Offence Elements AO1 essential cases Scenario specific
(Aiming for C - B) (Aiming for A - A*)
Assault Logdon Ireland and Constanza
Apprehend Lamb Tuberville v Savage and Light
Immediate Smith v CC Woking
Battery
Force Collins v Wilcock Wilson v Pringle
There are no injuries for a charge of assault or battery. If an assault or battery causes an injury it
becomes a more serious offence of “assault occasioning actual bodily harm” under s.47 offences
against the persons act 1861. It’s a statutory offence so it is triable either way, maximum custodial
sentence is 5 years.
Assault occasioning actual bodily harm;
“Assault” here means common assault so could be assault or battery. “Occasioning” means
causing, so the usual rules on causation apply.
- AR: an assault occasioning actual bodily harm.
- MR: same MR as for just the assault or battery (not the injury).
“Actual” harm; means an injury that is more than trivial but less than serious, Chan Fook -
“bodily” harm includes psychological harm, Smith (Michael) - “bodily” harm includes cutting the
victim’s hair, T v DPP - actual bodily harm includes unconsciousness and injuries need not be
permanent.
MR is only needed for the initial assault or battery, Savage - two women argued in a pub and one
grabbed drink to throw but glass hit the woman so s.47, had MR of a battery so had MR for s.47, no
MR needed for injury.
For AR: establish assault/battery first then discuss the harm
For MR: pick the MR for either assault or battery, use evidence from the scenario to show D had
MR.
Offence Elements AO1 essential cases Scenario specific
(Aiming for C - B) (Aiming for A - A*)
Assault Logdon Ireland and Constanza
Apprehend Lamb Tuberville v Savage and Light
Immediate Smith v CC Woking
Battery
Force Collins v Wilcock Wilson v Pringle
