ABH Flashcards
What is the D liable for?
ABH
What is the definition of ABH and what act is relevant?
The definition of ABH is “a common assault that occasions actual bodily harm”. The act is the offences against the persons act 1861.
Stage 1 - What must have the D committed?
The D must have committed a common assault (assault or battery)
Stage 2 - What must have assault or battery caused?
It must have caused the injuries.
Stage 3 - What must the V have?
The V must have ABH injuries.
What is the quote for Miller?
any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling
What is the case for “must not be so trivial as to be wholly insignificant”
Chan Fook
ABH injury : what type of bruising should there be?
Extensive/multiple bruising
ABH injury : Is it permanent or temporary loss of sensory function?
Temporary loss of sensory function
ABH injury : What injury is Ireland and Burstow for?
Psychiatric Injury - mild or temporary
ABH injury : What bones will have to be broken?
Broken nose, toes, fingers, hair line fracture of another bone
ABH injury : What case is for temporary loss of consciousness?
T v DPP
ABH injury : What injury is for smith?
Cutting of Vs hair
ABH injury : What cuts which will require medical treatment?
Minor cuts requiring medical treatment
ABH injury : What injury to the tooth?
Chipped / loss of tooth
What phrase is it for savage?
Only the mens rea for assault or battery is needed
What is Mohan?
Intention
What case is it for recklessness?
Cunningham
What case appears at the end of the mens Rea?
Venna
What is the mens rea for assault?
Intention (Mohan) or recklessness (Cunningham) to do an act which cause V to apprehend immediate unlawful force (Venna)
What is the mens rea for battery?
Intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Venna)
