Actual Bodily Harm S47 - cases
Below is a list of cases you should use when answering a scenario question on ABH.
Definition: D intends or is subjectively reckless in inflicting unlawful personal force on V
(battery) or causing the V to apprehend immediate unlawful violence
AND
The assault or battery causes (causation) bodily harm.
IMPORTANT: You must always apply the law on either an assault or battery before
considering the actual bodily harm issues.
Case
Name
Facts
One fact to use in an
answer
Law that must be used in
exam answer
Rv
Miller
1954
Not important
The meaning of ABH
bodily harm .... includes
any hurt or injury
calculated to interfere
with the health or
comfort of the V. This
can include any
psychiatric harm.
Rv
Chan
Fook
The defendant had
locked his victim in a
room and questioned
him robustly, believing
him to have stolen an
engagement ring. He
was injured while trying
to escape from the
second floor room.
A trivial injury would be
a battery. Anything
more than this would be
an ABH.
Bodily harm means
injury. The injury has be
something that is more
than trivial and
insignificant.
For psychiatric
conditions it must be
one that is recognised
by a doctor.
If it is just fear, distress
or panic it can only be
an assault.
DPP v K
D placed acid in a hot air
drier to hide it from his
teachers. V then used
the drier and the acid
caused burns on his
An injury can include
any part of the body
that is linked to mental
or human function, for
example a recognised
psychiatric condition.
Injury doesn’t include
fear or distress or panic
unless there is a
psychiatric condition.
Bodily harm can be
caused indirectly
face.
Case
Name
Facts
One fact to use in an
answer
Law that must be used in
exam answer
DPP v
Smith
2006
D caused actual bodily
harm to V by cutting off
her pony tail. D went to
the home of his expartner and cut of her
pony tail with kitchen
scissors.
The magistrates
accepted that there was
no actual bodily harm;
the DPP appealed.
Cutting off a person’s
hair amounted to ABH.
Harm was not limited to
injury to the skin, flesh
and bones and extended
to hurt and damage.
That the hair cut was
"dead tissue" was not
relevant.
Bodily harm can include
any hurt or damage to
the V including dead
tissue such as hair.
The defendant had
thrown a glass of beer
over her husband’s
former lover. The glass
slipped out of her hand,
broke and cut the
victim’s wrist.
The HL ruled that the
mens rea for the offence
of assault occasioning
abh was the same as for
assault or battery i.e.
the defendant did not
need to intend or
foresee the actual harm
suffered by the victim.
Rv
Savage
TASK: Fill in any blanks above.
Harm can also include
paint or other
unpleasant substance
put on V.
If paint or some other
unpleasant substance
were to be put on a
victim’s hair that would
to could amount to
actual bodily harm.
The Mens Rea of ABH is
the same as either
assault or battery.
There is no need to
prove the D intended or
was reckless to causing
bodily harm. No MR is
required for the bodily
harm.