Notes on ABH, GBH and GBH with intent

ABH, GBH and GBH with Intent


ABH:
Definition – Offences Against the Person Act 1861, s 47 – ‘any assault occasioning actual
bodily harm’


Actus reus:
Any assault – means assault or battery according to s 47 of OAPA 1861 (must satisfy the
elements of assault or battery first)


Occasioned actual bodily harm:
Occasioned – the normal rules of causation apply to determine whether D’s assault
occasioned V’s actual bodily harm – R v Roberts
Actual bodily harm – ‘any hurt or injury calculated to interfere with the health or comfort of
V. Such hurt or injury need not be permanent, but must, no doubt, be more than merely
transient and trifling’ – R v Donovan
(R v Chan-Fook – ‘the word ‘harm’ is a synonym for injury. The word ‘actual’ indicates that
the injury (although there is no need for it to be permanent) should not be so trivial as to be
wholly insignificant’)
DPP v K – acid burns amount to abh
R v Chan-Fook – psychiatric injury, but not ‘mere emotions’ can amount to abh
T v DPP – loss of consciousness can amount to abh
DPP v Smith – cutting of hair can amount to abh


Mens rea:
R v Savage – the mens rea of s 47 is the same as the mens rea for assault and battery, D
does not have to intend, or be reckless about causing, actual bodily harm, they just have to
intend, or be reckless about causing, either an assault or battery


Grievous Bodily Harm:
Definition – Offences Against the Person Act 1861, s 20 – ‘unlawfully and maliciously… inflict
any grievous bodily harm’