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Criminal Law: Offences Against the Person

Actual bodily harm, wounding and grievous bodily harm

  • 3 things to know
  • A2 Units 3 and 4

Overview

Recall questions on psychiatric injury and cutting hair, the legal meaning of a wound, how harm is assessed for a frail victim, and the mens rea each section requires.

What you need to know

Answer each one before you reveal it.

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Numbers

Which section creates the offence of assault occasioning actual bodily harm?

Key term

What must the prosecution prove for a section 47 offence?

Numbers

How is actual bodily harm defined?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Which section creates the offence of assault occasioning actual bodily harm?

    Model answer

    Section 47 of the Offences Against the Person Act 1861 creates the offence, which carries a maximum of five years' imprisonment.

  2. 2

    What must the prosecution prove for a section 47 offence?

    Model answer

    An assault or a battery, which occasioned actual bodily harm, together with the mens rea for that assault or battery.

  3. 3

    How is actual bodily harm defined?

    Model answer

    R v Miller (1954) described it as any hurt or injury calculated to interfere with the health or comfort of the victim, provided it is more than trifling.

  4. 4

    Can psychiatric injury amount to actual bodily harm?

    Model answer

    Yes, R v Chan-Fook (1994) held that a recognised psychiatric condition can be actual bodily harm, but mere fear, distress or panic cannot.

  5. 5

    Is cutting off a person's hair capable of being actual bodily harm?

    Model answer

    Yes, the courts have treated cutting off a substantial part of the victim's hair as actual bodily harm, even where no bruise or wound results.

  6. 6

    What mens rea does section 47 require as to the harm caused?

    Model answer

    None as to the harm; R v Savage and DPP v Parmenter (1992) confirmed that the defendant need only have the mens rea for the assault or battery.

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AThe defendant owed the victim a duty of care and breached it.
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