ABH Flashcards
Definition
S.47 OAPA 1861 as “a common assault that occasions actual bodily harm”
Actus reas
Must have committed a common assault
(Assault or battery)
Assault-
Lord Goff in Collins v willcock “an act which causes the v to apprehend immediate unlawful force”
Battery:
Lord Goff in Collins v Willcock “infliction of unlawful force”
“Unlawful touching” Wilson v Pringle
V must have
ABH injuries
Miller-
“Any hurt or injury calculated to interfere with the health and comfort of the V must be more than trifling”
Chan Fook-
“Must not be so trivial as to be wholly insignificant”
Mens rea
Savage-Only Mens Rea for assault and battery is needed
Mens Rea for Assault-
Intention(mohan) or recklessness(Cunningham) to do an act which causes V to apprehend immediate unlawful force (Venna)
Mens Rea for Battery-
Intention(mohan) or recklessness(Cunningham) to inflict unlawful force on V (Venna)