A Level Law Practice Exam

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What does 'actual bodily harm' refer to in the context of s.47 actus reus?

Any injury that can be claimed under law
Injuries that are trivial and insignificant
Injuries that are substantial and not trivial
Injuries recognized only by medical professionals

The correct answer is: Injuries that are substantial and not trivial

The correct answer pertains to the definition of "actual bodily harm" (ABH) in the context of Section 47 of the Offences Against the Person Act 1861. Actual bodily harm refers to injuries that are more than just trivial or insignificant; they must be substantial enough to warrant legal consideration. This encompasses a range of injuries that may not be life-threatening but still cause some degree of physical harm and suffering to the victim. The legal precedent established in cases such as R v. Miller indicates that ABH includes "hurt" or "injury" that is more than transient or trifling. It is important to highlight that while minor injuries may not qualify, those that are considered substantial do fall under this category. The other descriptions do not align with the established legal standards. Trivial injuries do not meet the threshold required for ABH, and the recognition of injuries by medical professionals, while relevant in certain contexts, does not solely determine whether an injury is categorized as ABH in legal terms. Thus, the definition emphasizes that the injury must be of a certain seriousness to be classified as actual bodily harm under the law.