ABH

Question 1

ABH

Answer 1

An assault occasioning ABH is an assault or battery that causes ABH. This is with intention or as to being reckless to cause the Assault or Battery.

Question 2

OAPA 1861

Answer 2

Whosoever shall be convicted upon any indictment of any assault occasioning ABH shall be liable up to five years imprisonment. Assault means assault or battery - s47

Question 3

Common assault

Answer 3

• Umbrella term for assault or battery
  Assault
• Misalati (spitting)
• Lamb (revolver)
  Battery
• Fagan (car on police foot)
• DPP v K (sulphuric acid)

Question 4

Occasioning

Answer 4

Causation
- Deminis - R v Kimsey
But for Pagett
- Victims own acts Roberts
- Medical intervention Jordan

Question 5

ABH

Answer 5

Miller 1954 - “any hurt/ injury calculated to interfere with health or comfort of the victim”
- T v DPP (Loss of consciousness is ABH)
- DPP v Smith (Cutting of hair is ABH)
- Chan Fook (More than trivial hurt or injury)

Question 6

Mens Rea

Answer 6

Intention or recklessness as to the assault or battery. There is no requirement that the defendant intended or was reckless as to the injury infected.