ABH Flashcards
Definition
S.47 offences against the persons act 1861 “a common assault that occasions actual bodily harm”
Stage 1 actus reus
The D must have committed a common assault (assault or battery)
- actus reus for assault or battery
stage 2 actus reus
The assault/ battery must have occasioned the injuries (issue of causation)
- any causation issues-
stage 3 actus reus
The v must have ABH injuries
-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”
ABH injuries
-extensive/multiple bruising
- temporary loss of sensory function
-psychiatric injury (Ireland/Burstow)
-small bones broken
-temporary loss of consciousness (T v DPP)
- cutting victims hair (Smith)
-minor cuts
-chipped tooth
ABH mens rea
only mens rea for assault or battery is needed