Words, Silence and Actual Bodily Harm

Overview

Recall questions on whether words or silence can amount to assault and on the provision creating ABH and what the harm must be.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Can spoken words alone, without any physical act, constitute an assault?

   Model answer

   Yes, words alone can constitute an assault if they cause the victim to apprehend immediate unlawful violence.

2. 2

   Can silence ever amount to an assault in law?

   Model answer

   Yes, silence can amount to an assault where it causes the victim to apprehend immediate unlawful violence.

3. 3

   Which statutory provision creates the offence of assault occasioning actual bodily harm?

   Model answer

   Section 47 of the Offences Against the Person Act 1861.

4. 4

   What does actual bodily harm mean in law?

   Model answer

   Any hurt or injury calculated to interfere with the health or comfort of the victim.

5. 5

   Does actual bodily harm include psychiatric injury?

   Model answer

   Yes, actual bodily harm includes psychiatric injury but not mere emotions such as fear or distress.

6. 6

   Why would mere fear or distress not qualify as actual bodily harm?

   Model answer

   Because actual bodily harm requires hurt or injury interfering with health or comfort; mere emotions like fear or distress do not meet this threshold.

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