ABH

Question 1

ACT

Answer 1

• s.47 Offences Against the Person Act 1861

Question 2

defintion

Answer 2

• is a result crime
• common assault occasioning actual bodily harm

Question 3

ACTUS REUS

Answer 3

assault or battery

Question 4

ACTUS REUS
cases definition

Answer 4

• ‘any hurt or injury calculated to interfere with the health or comfort of the victim’ MILLER
• more than trivial, but less than serious CHAN FOOK

Question 5

ACTUS REUS
two harms

Answer 5

• cutting off hair (DPP V SMITH)
• psychiatric harm (CHAN FOOK)

Question 6

CAUSATION
factual

Answer 6

• ‘but for’ D’s assault/battery, victim would not have been harmed
• R v White

Question 7

CAUSATION
legal

Answer 7

• D’s common assault/battery contributes to the harm in more than a minimal way and is the operating and substantial cause
• R v Smith

Question 8

CAUSATION
novus actus interveniens

Answer 8

• medical negligence (extra-ordinary) R V CHESHIRE
• act of a third party (operating and substantial) R V SMITH
• victims own actions (reasonably foreseeable) R V ROBERTS
• act of god

Question 9

MENS REA

Answer 9

intention - MOHAN
recklessness - CUNNINGHAM

Question 10

MENS REA
other rules

Answer 10

• transferred malice (LATIMER)
• coincidence rule (FAGEN)
• strict liability