ABH

Question 1

What section was Abh defined under

Answer 1

S. 47 offences against the person act

Question 2

Define ABH

Answer 2

A common assault that ocassion actual bodily harm

Question 3

Stage 1

Answer 3

D must have committed assault or battery (Aplly whether it was assault or battery and set out the stages

Question 4

Stage 2

Answer 4

The assault or battery must have occasioned the injuries
(Apply using a causation issue if needed if not say D is the main cause

Question 5

Stage 3

Answer 5

The V must have Abh injuries

Question 6

Miller stage 3 establish

Answer 6

Any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling

Question 7

Chan fook stage 3

Answer 7

Injury must not be so trivial as to be wholly insignificant

Question 8

Examples of Abh injuries

Answer 8

Extensive/multiple bruising
Temporary loss of sensory functioning
Psychiatric injury - mild or temporary (ireland/burstow
Broken noes toes fingers or fracture hairline or other bones
Temporary loss of consciouss(T V DPP)
Cutting the V hair(smith)
Minor cuts requiring medical treatment
Chipped/loss of tooth (1)

Question 9

Men’s rea stage 1

Answer 9

Savage - only the men’s rea for assault or battery is needed

Question 10

Men’s rea assault

Answer 10

Intention (mohan) or recklessness (cunningham) to do an act which cause the V to apprehend immediate unlawful force (venna)

Question 11

Men’s rea for battery

Answer 11

Intention or recklessness to inflict unlawful force on the V (Venna)

Question 12

Transferred malice

Answer 12

2.Pembilton established - person to person or objest to object
1.Latimer established - D intention can be transfered to the actual victim

APLLY TO SCENARIO AT THE END

Question 13

Coincidence rule

Answer 13

The actus reus and men’s rea are a continuing act as long as it occurs at some point the crime will be complete (Church)