ABH Flashcards
What is the definition of ABH
Common assault occasioning actual bodily harm
Under what section and act does ABH fall
S47 offences against the persons act
What must ABH have
Either an assault or battery that caused the injuries
What is the actus reus of ABH
Any ‘hurt’ or ‘injury’ calculated to interfere with the v’s health and comfort
What case supports the actus reus of ABH
Miller
What case says any type of harm or damage can be considered as ABH
DPP v Smith
Psychiatric harm can be ABH
Chan Fook
What case supports that ABH can be caused indirectly
DPP v K
What must you go through for ABH
Causation
What is the mens rea for ABH
The defendant must have the necessary mans rea for the initial common assault that amounted to the ABH