Oxford University Press. Page 154. South Australia's section 20(4) of the Criminal Law Consolidation Act 1935 creates the offence of assault causing harm. The criminal code section 339 lists the offence as Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a … An assault that results in an offender causing actual bodily harm (ABH) to a person is an offence under Section 47 of the Offences Against the Person Act. This passage was cited and approved in R v Brown (Anthony),[27] by Lord Templeman (at p. 230) and Lord Jauncey (at p. 242). [22], The book "Archbold" says that this test applies to any case where the injury was not the direct result of the defendant's act.[23]. Serious assault is an assault that takes place in particular defined circumstances (you may have heard it called “aggravated assault”). These factors comprise the principal factual elements of the offence and should determine the category. Mens Rea: the defendant must intend or be reckless as to the assault or battery . Accordingly, it does not correspond with the actus reus. an assault or battery, and • the assault or battery caused the victim actual bodily harm The assault The definition of an assault is: • conduct • that intentionally or recklessly • causes the victim to apprehend immediate unlawful "Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor...". Some examples of assault include: Striking at a person with a first or slapping a person; Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. [38], In England and Wales, a person guilty of assault occasioning actual bodily harm is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,[39] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. at para 19-197: Lord Steyn said: The starting point must be that an assault is an ingredient of the offence under section 47. In R v Savage, DPP v Parmenter,[24] Savage threw beer over the victim and, in the struggle, the glass broke and cut the victim. Racially or religiously aggravated offence, Richard Card said this is a form of aggravated assault; see. Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. Further, as can be seen from the summing-up in the present case, there may be an elision of the need to show some harm or injury. Assault occasioning bodily harm is a serious criminal offence, which is punishable by actual imprisonment. Ormerod, D. Smith and Hogan's Criminal Law. Assault occasioning actual bodily harm (ABH) is set out at s47 of the Offences Against the Person Act 1861, which states: ‘Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable... to … ABH refers to an assault or battery where physical harm is suffered by a person.
The following Corporate Crime practice note provides comprehensive and up to date legal information covering: The offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the Crown Court. The . In DPP v Smith (Michael Ross), the defendant held down his former girlfriend and cut off her ponytail with kitchen scissors a few weeks before her 21st birthday. It covers LMA updates from early 2013 to January 2016. It is the Canadian equivalent to the statutory offence in England and Wales of assault occasioning actual bodily harm. Stevens & Sons. First Edition. said of the expression "actual bodily harm", in contending that it should be given its ordinary meaning: We consider that the same is true of the phrase "actual bodily harm". Where a significant portion of a woman's hair is cut off without her consent, this is a serious matter amounting to actual (not trivial or insignificant) bodily harm. The term ‘bodily harm’ refers to any bodily injury that interferes with health or comfort. [29] Hobhouse LJ. The danger of any elaboration of the words of the statute is that it may have the effect, as was pointed out by the House of Lords, of altering, or at the least distracting the Jury from, the ordinary meaning of the words. Usually, section 47 is used to prosecute in cases of this kind. The words from "and" to the end, omitted in the third place, were repealed for England and Wales by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (subject to section 123(6) of, and paragraph 16 of Schedule 8 to, that Act). In Northern Ireland, a person guilty of assault occasioning actual bodily harm is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[48] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[49]. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. [21], This passage was set out in R v Savage, DPP v Parmenter at page 14. The word "harm" is a synonym for injury. Bodily harm is defined in section 1 of the Criminal Code as any bodily injury which interferes with health or comfort. 339 Assaults occasioning bodily harm (1) Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years. The woman said that while travelling in the defendant's car he sought to make advances towards her and then tried to take her coat off. Complete all the fields above to proceed to the next step. [40], Where a person is convicted on indictment of assault occasioning actual bodily harm, other than an offence for which the sentence falls to be imposed under section 227 or 228 of the Criminal Justice Act 2003, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way. Generally, the common law. R v Chan-Fook also followed the case of R v Metharam,[30] in which Ashworth J had said: It is a misdirection to adopt the old formula and invite a jury to find a man accused of wounding with intent to do grievous bodily harm guilty if the only intent established is one to interfere seriously with the health or comfort. Trial includes one question to LexisAsk during the length of the trial. It is a subjective test. AOBH 317(1) 07.12.20 Current as at 7 December 2020 Assault occasioning bodily harm s 317(1) Criminal Code From 1 January 2014 Transitional Sentencing Provisions: This table is divided into thirds based on the three relevant periods of Sentencing Provisions: In England and Wales, and in Northern Ireland, the offence is created by section 47 of the Offences against the Person Act 1861: 47. Free trials are only available to individuals based in the UK. - Whosoever shall be convicted … of any assault occasioning actual bodily harm shall be liable to imprisonment … Offences Against Thirteenth Edition. [5][6], The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). Most offences of ABH are tried in the magistrates' court unless the court considers its powers of sentencing are insufficient (see: Sentencing for ABH below). In England and Wales and Northern Ireland, assault occasioning actual bodily harm is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.[50]. It is triable on indictment and a person guilty of it is liable to imprisonment for three years. As Creswell J. commented in his short concurring judgment: To a woman her hair is a vitally important part of her body. The charge of assault occasioning bodily harm in QLD asserts that one person has unlawfully assaulted another and caused an injury, but that that injury does not amount to grievous bodily harm nor constitute a serious assault. It has been accepted that actual bodily harm includes any hurt or injury that interferes with the health or comfort of the victim, and which is more than transient or trifling. To discuss trialling these LexisPSL services please email customer service via our online form. In R v. Miller [1954] 2 All ER 529, [1954] 2 QB 282, Lynskey J. said: According to Archbold's Criminal Pleading, Evidence and Practice, 32nd ed, p 959: The expression assault includes "battery".[14]. 439, 444D-E. This content is no longer in use on Lexis, Advising individuals on serious criminal offences, Bribery, corruption, sanctions and export controls, Confiscation, civil recovery and asset forfeiture, Health and safety and corporate manslaughter offences, Insolvency offences and Companies Act offences, Analysing the conclusions of the gross negligence manslaughter review, CJA 1988 definition of miscarriage of justice compatible with Article 6(2) ECHR (R (on the application of Hallam and another) v Secretary of State for Justice), Court rules gang injunctions do not require criminal standard of proof (Jones v Birmingham City Council), Supreme Court considers the illegality defence in a personal injury claim (Henderson v Dorset Health Care), The Domestic Violence Disclosure Scheme and domestic violence protection notices and orders, International Sales(Includes Middle East), Protecting human rights: Our Modern Slavery Act Statement, Injuries sustained during consensual sexual activity, Self-defence and related defences to ABH charges, Automatism and insanity defences to ABH charges, The prosecution Charging Standard and actual bodily harm, The racially aggravated form of the offence. Take a free trial, What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by, Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. Fagan v Metropolitan Police Commissioner was decided under section 51 of the Police Act 1964, which also used the word "assault" without further explanation and without any explicit reference to battery. The first is battery, which involves the unlawful application of force by the defendant upon the victim. For more information on the scope of conduct required, see Practice Note: Common assault and battery. Relevant cases are: It is inappropriate for the court to sentence an offender on the basis of racial aggravation where he has been convicted of this offence, but not the racially aggravated offence: R v. McGilliviray; R v. Kentsch. The words "with or without hard labour" at the end were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948. We may terminate this trial at any time or decide not to give a trial, for any reason. The text of this section is slightly different in Northern Ireland. [33], Glanville Williams said that actual bodily harm is a silly expression because it suggests that there is some form of bodily harm that is not actual.[34]. [7], Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). Actual bodily harm is capable of including psychiatric injury but it does not include mere emotion, such as fear, distress or panic ...". For further information on conduct which constitutes an assault, see Practice Note: Common assault and battery. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. Assault occasioning actual bodily harm (often abbreviated to Assault O.A.B.H. This section of the Act sets out the definition and liability of ABH, stipulating the level of harm that falls into this type of offence. There will be a risk that language will be used which suggests to the Jury that it is sufficient that the assault has interfered with the heath or comfort of the victim, whether or not any injury or hurt has been caused. It was held that section 47 did not require proof of recklessness in relation to the "occasioning". CPSEs are endorsed by the British Property Federation and are free to use. As it was put in one of the old cases, it had got to be shown to be his act, and if of course the victim does something so "daft" in the words of the appellant in this case, or so unexpected, not that this particular assailant did not actually foresee it but that no reasonable man could be expected to foresee it, then it is only in a very remote and unreal sense a consequence of his assault, it is really occasioned by a voluntary act on the part of the victim which could not reasonably be foreseen and which breaks the chain of causation between the assault and the harm or injury. This will provide the court with adequate sentencing powers in most cases. An explanation of the non-fatal offence of assault occasioning actual bodily harm, particularly for the benefit of A level Law students. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant. The second form of assault is an act causing the victim to apprehend an imminent application of force upon her: see Fagan v. Metropolitan Police Commissioner [1969] 1 Q.B. Judge P said: In my judgment, whether it is alive beneath the surface of the skin or dead tissue above the surface of the skin, the hair is an attribute and part of the human body. The Offence of Assault Occasioning Actual Bodily Harm The offence of assault occasioning actual bodily harm is contained in Section 24 (1) of the Crimes Act 1900 which states: “A person who assaults another person and by the assault occasions actual bodily harm is guilty of an offence punishable, on conviction, by imprisonment for 5 years.” It is intrinsic to each individual and to the identity of each individual. Imagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. The CPS previously advised that an assault which resulted in nothing more than grazes, scratches, abrasions, minor bruising, swellings, reddening of the skin, superficial cuts or a black eye should be prosecuted as a common assault in the absence of aggravating factors other than injury. Blackstone's Criminal Practice, 2001, says that "occasioning" is equivalent to causing (para B2.21 at p. 172) and has a specimen form of indictment that uses the word "caused" (para B2.18 at p. 171). or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. Admirers may so regard it in the object of their affections. 59 Assault occasioning actual bodily harm (1) Whosoever assaults any person , and thereby occasions actual bodily harm, shall be liable to imprisonment for five years. [43] This means that sections 227 and 228 of the Criminal Justice Act 2003 (which relate to extended sentences) apply where a person is convicted of assault occasioning actual bodily harm, committed after the commencement of section 227 or 228 (as the case may be) and the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.[44]. ABH should generally be charged where the injuries and overall circumstances indicate that the offence merits clearly more than six months; imprisonment and where the prosecution intend to represent that the case is not suitable for summary trial.". In Rex v. Donovan,[25] Swift J., in delivering the Judgement of the Court of Criminal Appeal, said: For this purpose, we think that "bodily harm" has its ordinary meaning and includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor.
Section 3 of the Non-Fatal Offences against the Person Act 1997 (No.26) creates the offence of assault causing harm. The mens rea of this offence is identical to that of assault or battery (depending on the mode by which the offence is committed). assault occasioning actual bodily harm translation in English - French Reverso dictionary, see also 'assault course',assault weapon',indecent assault',sexual assault', examples, definition, conjugation “We use your mobile number to send you your login credentials via SMS”, Navigate the law quickly and efficiently with Lexis. Assault occasioning actual bodily harm is a commonly prosecuted offence that involves some actual harm or injury to the victim. The throwing of the beer was an assault, and that "assault" had occasioned the actual bodily harm which occurred in the continuing struggle. It is concerned with the body of the individual victim. 1978. This would only be where a sentence clearly in excess of six months' imprisonment ought to be available, having regard to the significant aggravating features. 1 Assault Occasioning Actual Bodily Harm s.59 (NSW) Crimes Act s 59 (1) Assault occasioning actual [35], The charging standard states: "The offence of Common Assault carries a maximum penalty of six months’ imprisonment. The court should determine the offence category using the table below.The court should determine the offender’s culpability and the harm caused, or intended, by reference only to the factors identified in the table below (as demonstrated by the presence of one or more). On the facts of the present case the "assault" alleged involved a "battery."[15]. ⇒ The definition of an assault occasioning actual bodily harm (ABH): Actus Reus: the defendant must commit an assault or battery which causes the victim to suffer actual bodily harm . 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