Dave punched John twice in the face, causing bruising and a black eye. This meets the elements of assault occasioning actual bodily harm. Dave committed an assault by punching John, occasioning actual bodily harm. Dave had the mens rea of intention or recklessness to commit the assault and battery that resulted in John's injuries. Eve attempted to punch Tracy but accidentally hit Terry instead, causing bruising and a sprained ankle. This could meet the elements of assault occasioning actual bodily harm. Eve committed an assault by attempting to punch Tracy, which occasioned actual bodily harm to Terry. Eve had the mens rea of intention or recklessness as to the assault and battery, even if she did

1. Assault Occasioning Actual Bodily Harm

2.  Triable either way
 Whosoever shall be convicted on indictment
of any assault occasioning actual bodily
harm shall be liable to be imprisoned for any
term for not exceeding five years
 ABH

3. ACTUS REUS =
1. Assault
2. Occasioning
3. Actual bodily harm
MENS REA =
Intention or recklessness as to assault or
battery

4. 1. Assault – includes both assault and battery.
Assault is defined by the common law
2. Occasioning = bringing about the
consequence – CAUSATION
Degree of harm distinguishes which section
of OAPA 1861 applies

5.  Landlord accused lodger of stealing
engagement ring
 Locked him in the bedroom and threatened
to deal with him later
 Lodger terrified, decided to escape so tied
some sheets together and climbed out of the
window
 Slipped and fell, fracturing wrist

6. Chan-Fook (1994) – panic and fear just emotions,
injuries caused by V’s own act
Harm = injury
Actual = should not be so trivial so as to be
“wholly insignificant”
Bodily harm = not limited to skin, flesh and
bones of V, includes organs, nervous system, brain.
Can include psychiatric injury but not emotions or
states of mind that are not indicative of a medical
Condition
Smith 2006 can include hair

7.  Intention or recklessness as to assault or
battery
Roberts 1971
D had mens rea to cause a battery: the
subsequent injuries were a consequence of his
unlawful act
NO SEPARATE MENS REA TO CAUSE ACTUAL
BODILY HARM

9. Savage 1991
Threw the beer intentionally, whether or not
she meant to throw the glass. She was at
least reckless as to whether she caused V to
apprehend unlawful immediate violence, or
was reckless as to whether she applied force
to another.
Factual and legal causation.

10.  Assault can be by omission – DPP v Santana-
Bermudez 2003 – D neglected to disclose that
he had a needle in his pocket, WPC was
injured
 Constanza 1997 – harassment (words) causing
psychological injury was ABH

11.  Complete the Test Yourself on s 47 table

12.  When John is drinking with friends in a pub,
some youths start fighting among
themselves. John approaches and tries to
stop them fighting. Dave, one of the gang,
shouts at John: “Mind your own business – if
you want to interfere , I’ll thump you”.
Dave then lashes out at John and punches
him twice in the face, causing serious
bruising and a black eye

13.  Tracy believes that her neighbour Eve has
poisoned her dog, Scooter, as he has become
very unwell. She goes round and screams
that she will get her boyfriend to beat Eve up
when he gets back from holiday in a week’s
time. Eve says she is not taking this from
Tracy and goes to punch her, but Tracy ducks
and Eve’s punch lands on Terry, the postman
who happened to be behind her. He falls
into the wall and suffers serious bruising to
his head, as well as a sprained ankle.