ABH

Question 1

definition

Answer 1

ABH is defined under s.47 Offences Against the Persons Act 1861 as “A common assault that occasions actual bodily harm”.

Question 2

actus reus part 1

Answer 2

The D must have committed a common assault (assault or battery).

Question 3

actus reus part 2

Answer 3

The assault/battery must have OCCASIONED (caused) the injuries (this is an issue of causation).

Question 4

actus reus part 3

Answer 4

The V must have ABH injuries.

Question 5

cases for part 3

Answer 5

Miller- “any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling”.

Chan Fook- “Must not be so trivial as to be wholly insignificant”.

Question 6

mens rea

Answer 6

Savage- only the mens rea for assault or battery is needed.

Question 7

mens rea for assault

Answer 7

ASSAULT- Intention (Mohan) or recklessness (Cunningham) to do an act which causes the V to apprehend immediate unlawful force (Venna).

Question 8

mens rea for battery

Answer 8

BATTERY- Intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Venna).