ABH

Question 1

Definition

Answer 1

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

Question 2

Stage 1 actus reus

Answer 2

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

Question 3

stage 2 actus reus

Answer 3

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

Question 4

stage 3 actus reus

Answer 4

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”

Question 5

ABH injuries

Answer 5

-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

Question 6

ABH mens rea

Answer 6

only mens rea for assault or battery is needed