Law 5110 Study Guide - Quiz Guide: Criminal Law Revision Committee, Assault Occasioning Actual Bodily Harm, Detainer
Document Summary
Requires a technical assault or battery which must occasion (cause) actual bodily harm. Miller 1954 abh is any hurt or injury calculated to interfere with the health or comfort of the victim. R(t) 2003 loss of consciousness, even momentarily, is abh. Dpp v smith (michael) cutting the victim"s hair can amount to abh and so causing physical pain is not a necessary ingredient of abh. Chan fook 1994 psychiatric injury is capable of amounting to abh. Does not include mere emotions such as fear, distress or panic or states of mind that are not themselves evidence of some identifiable clinical condition. Chan fook confirmed in burstow 1997 where abh has to include recognisable psychiatric illness. Considered again in dhaliwal the prosecution could not prove v, who committed suicide, suffered psychiatric harm as a result of d over a span of a few years. Mr for common assault is sufficient for the mr of a s47 offence.
