ABH Flashcards
1
Q
act
A
s47 offences against the persons act 1861
2
Q
definition
A
a common assault that occasions actual bodily harm
3
Q
Stage one
A
D must have committed a common assault
4
Q
assault
A
D commits act (ireland), V must apprehened force (lamb), threat of force must be immediate (s v cwp)
5
Q
battery
A
infliction of unlawful force, touching (lord goff, c v w), force must be unlawful (hostile, aggressive)
6
Q
stage 2
A
assault must have occasioned the injuries
7
Q
stage 3
A
v must have ABH injuries
8
Q
KEY CASE 1
A
miller - any hurt or injury calculated to intefere with the victims health or comfort, but must be more than trifling.
9
Q
KEY CASE 2
A
chan fook- must not be so trivial as to be wholly insignificant
10
Q
mens rea
A
mens rea for assault or battery
