ABH Flashcards

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1
Q

Definition

A

S.47 OAPA 1861 as “a common assault that occasions actual bodily harm”

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2
Q

Actus reas

A

Must have committed a common assault
(Assault or battery)

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3
Q

Assault-

A

Lord Goff in Collins v willcock “an act which causes the v to apprehend immediate unlawful force”

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4
Q

Battery:

A

Lord Goff in Collins v Willcock “infliction of unlawful force”
“Unlawful touching” Wilson v Pringle

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5
Q

V must have

A

ABH injuries

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6
Q

Miller-

A

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

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7
Q

Chan Fook-

A

“Must not be so trivial as to be wholly insignificant”

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8
Q

Mens rea

A

Savage-Only Mens Rea for assault and battery is needed

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9
Q

Mens Rea for Assault-

A

Intention(mohan) or recklessness(Cunningham) to do an act which causes V to apprehend immediate unlawful force (Venna)

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10
Q

Mens Rea for Battery-

A

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

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