ABH Flashcards

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1
Q

Definition

A

S.47 offences against the persons act 1861 “a common assault that occasions actual bodily harm”

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2
Q

Stage 1 actus reus

A

The D must have committed a common assault (assault or battery)
- actus reus for assault or battery

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3
Q

stage 2 actus reus

A

The assault/ battery must have occasioned the injuries (issue of causation)
- any causation issues-

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4
Q

stage 3 actus reus

A

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”

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5
Q

ABH injuries

A

-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

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6
Q

ABH mens rea

A

only mens rea for assault or battery is needed

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