ABH

Question 1

What is the act and section number for ABH?

Answer 1

Section 47 - Offences against the person act 1861

Question 2

What is the definition of ABH?

Answer 2

Assault occasioning actual bodily harm

Question 3

What is the POL from R vs Smith? (ABH)

Answer 3

‘Touching the girls clothes’ = Battery
‘She jumped out the moving car’ = Consequence
‘Injuring herself’ = Further Harm/ABH

Question 4

What is the POL from R vs Chan-Fook?

Answer 4

‘Dragged him upstairs’ = Battery
‘Tried to escape through the window’ = Consequence
‘Injured himself’ = Further Harm/ABH

Question 5

What is the POL from DPP vs Smith?

Answer 5

Cutting hair can amount to ABH as ABH is not limited to injury and extends to hurt and damage as long as it isn’t trivial

Question 6

Do you have to prove further Mens Rea for ABH?

Answer 6

No - There is no need to prove extra mens rea as the mens rea for assault/battery is sufficient

Question 7

What did R vs Savage confirm for Mens Rea?

Answer 7

That the defendant is guilty even if he did not intend to cause an injury

Question 8

What was the POL for R vs Savage?

Answer 8

She intended to apply unlawful force and she had the mens rea for Battery which is also sufficient for ABH