ABH Flashcards

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1
Q

What act is ABH defined under

A

Offences against a persons act 1861

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2
Q

What is ABH defined as

A

A common assault that occasions actual bodily harm

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3
Q

What is part 1 of the actual Reus for ABH

A

the D must have commuted a common assault (assault or batter)

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4
Q

Which case defines both battery and adult

A

Lord Goff in Collins v wilcock

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5
Q

What is assault defined as

A

An act- Ireland
Apprehend- lamb
Immediate threat of force- smith

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6
Q

What are the side rules for assult

A

Words- Constanza
Jokes- logden
Worded cancel assult- tuberville v savage

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7
Q

What is battery defined as

A

Infliction of unlawful force

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8
Q

What are the cases in battery

A

Touching- Collins v wilcock
Unlawful force- wilson v Pringle

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9
Q

What are the side rules for touching

A

Clothing- Thomas
Indirect- Martin

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10
Q

What is stage 2

A

The assault/battery must have occasioned the injuries (causation issues)

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11
Q

What is stage 3

A

The v must have ABH injuries

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12
Q

What does the case miller say

A

Any injuries calculated to interfere with the health of a v but must be more than trifling

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13
Q

What does chan fook say

A

Must not be so trivial as to be wholly insignificant

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14
Q

What does the case savage say

A

Only the mens rea is needed

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15
Q

Assult mens rea

A

Intention or recklessness to cause the v to apprehend immediate unlawful force
(Mohan) (Cunningham) (Vienna)

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16
Q

Battery mens rea

A

Intention or recklessness to inflic unlawful force on the v
(Mohan) (Cunningham) (Vienna)