Overview
The discussion covers the legal concept of Actual Bodily Harm (ABH) under English criminal law, including its definition, elements, relevant cases, and sentencing guidelines.
Definition and Legal Framework
- ABH is an offence under section 47 of the Offences Against the Person Act 1861.
- It requires an assault or battery that causes actual bodily harm to another person.
- Harm must be more than transient or trifling but less serious than grievous bodily harm.
Elements of the Offence
- There must be an assault or battery committed intentionally or recklessly.
- The victim must suffer actual bodily harm as a result of the act.
- The harm need not be permanent but must interfere with the health or comfort of the victim.
Case Law and Examples
- The case of R v Miller defines ABH as any hurt or injury calculated to interfere with the health or comfort of the victim.
- R v Chan-Fook clarifies that psychiatric injury can amount to ABH if it is a recognized medical condition.
- Cases like R v Roberts and R v Savage illustrate application of the offence in various contexts.
Mens Rea (Mental Element)
- The defendant must intend or be reckless as to the act of assault or battery.
- It is not necessary for the defendant to foresee actual bodily harm, only the assault or battery.
Sentencing and Penalties
- ABH is triable either way: it can be heard in Magistrates’ or Crown Court.
- The maximum sentence is five years’ imprisonment.
- Sentencing considers the circumstances and severity of harm caused.
Related Concepts and Distinctions
- ABH sits between the less serious common assault and the more serious grievous bodily harm (GBH) offences.
- The distinction from GBH depends on the level of injury inflicted.