ABH

Question 1

ABH Definition

Answer 1

S.47 of the Offences Against the Person Act 1961 provides that it is offence to commit “any assault occasioning actual bodily harm”

Question 2

ABH Section

Answer 2

S.47 Offences Against the Person Act 1861

Question 3

ABH Actus Reus

Answer 3

Assault - assault/battery
Occasioning - bringing the consequence
Actual Bodily Harm - further harm caused by the assault or battery

Question 4

R v Roberts

Answer 4

D gave lift in car to girl, made sexual advances(battery) she was scared of rape, jumped out of car injuring herself(ABH)

Question 5

R v Chan-Fook

Answer 5

Clinical psychiatric illness caused by defendant’ action = ABH
D locked him in room, scared of what he would do, jumped out window, injured himself - not guilty - psychiatrist has to give evidence

Question 6

R v Ireland

Answer 6

Psychological harm can amount to ABH
Large number of silent phone calls to women(assault)
Suffered significant psychological symptoms(ABH)

Question 7

DPP v Smith

Answer 7

Cutting hair can amount to ABH
D cut off her ponytail

Question 8

ABH Mens Rea

Answer 8

Mens rea same as assault/battery
Defendant is guilty even if no intention to cause injury
- R v Roberts
- R v Savage

Question 9

R v Roberts (mens rea)

Answer 9

Battery was sufficient mens rea

Question 10

R v Savage

Answer 10

D threw drink over husbands girlfriend, accidentally let go of glass, injured girlfriend, guilty
- She intended to apply unlawful force