Assault Occasioning Actual Bodily Harm

"Any hurt or injury calculated to interfere with the health or comfort of the victim" - Donovan [1934]

Offences Against the Person Act 1861 (s.47)

Caused by an assault or battery which leads to further injury - mens rea refers to these, not the ABH itself.

Mens rea: intention or (Cunningham) recklessness

CPS charging standard defines difference between ABH and GBH by severity of injury:

• Loss of/ breaking of tooth 
• Temporary loss of sensory functions or consciousness 
• Extensive or multiple bruising 
• Displaced, broken nose or other minor fractures 
• Minor (but not superficial) cuts, probably requiring medical attention (e.g. stitches)

Cutting a woman's hair is sufficient hurt or injury for an ABH - DPP v Smith [2006]

Psychological harm can constitute ABH, but only where it is a "medically recognised psychiatric condition" - 

• Chan-Fook [1994] (stalking)
• Constanza [1997] (stalking)
• Ireland and Burstow [1998] (stalking)
• Dhaliwal [2006] (domestic violence)

nb. these authoritites also apply to the definition of GBH

Expert evidence is always required to prove ABH - Morris [1998]

Dhaliwal - if the victim is only feeling a strong sense of ordinary grief, fear, anxiety etc. then this will not result in a criminal conviction. It must be more than that.

Only a medically recognised mental illness will be considered sufficient to impose criminal liability on the defendant (unless the defendant poses a threat to public order).