ABH

Question 1

What’s the first stage of the ABH model answer?

Answer 1

In s.47 Offences Against The Person Act 1961, the AR of ABH is a common assault occasioning actual bodily harm.

Question 2

What’s the second stage of the ABH answer? (common assault)

Answer 2

Common assault requires an assault OR battery.
(choose which and define AR)

AR of assault is - causing V to apprehend unlawful violence, only needs to be a general awareness of violence (Smith v Supt Woking)

AR of Battery is - application of unlawful force which need only be the slightest touch (Collins v Wilcock) Can be indirect force (Haystead)

Here, there is an assault/battery when …

Question 3

What’s the third stage of the ABH answer? (occasion)

Answer 3

The common assault ust cause harm. (apply causation)

Question 4

What’s the fourth stage of the ABH answer? (ABH)

Answer 4

Chan Fook outlines that ABH is harm that is more than trivial but less than serious harm, it can be physical, psychiatric or clinical but not emotions.
(temporary loss of consciousness is ABH (R v DPP)
(need not be injury, just bodily harm (DPP v Smith).

Here, V has suffered injuries of X therefore it is ABH.

Question 5

What’s the final stage of the ABH answer?

Answer 5

D only need the MR of the assault or battery. R V Savage outlines that there is no need to prove mens rea for the harm V actually suffers, just for the common assault.

Apply appropriate MR.

REMEMBER TO CHOOSE DIRECT OR RECKLESSNESS, IF ITS NOT DIRECT SAY WHY AND VICE VERSA