Abh Flashcards
1
Q
Definition
A
S.47 offences against the persons Act 1861 as “a common assault that occasions actual bodily harm”
2
Q
Actus reus 3 parts
A
D must’ve committed a common assault
3
Q
Battery definition
A
Lord Goff Collins and Willcock “infliction of awful force”
4
Q
Battery - drive force
A
Touching (Collins b Willcock Lord good quotes) + clothing (Thomas) + indirect touching (Martin)
5
Q
Actus reus 2
A
Battery must have occasioned the injuries
6
Q
Actus reus 3
A
V just have abh injuries
Miller - any hurt or injury calculated to interfere with the health and comfort of a v but just he more then trifling
Must not be so trivial as to be wholly insignificant
7
Q
Mens Rea
A
Savage men’s Rea for battery needed
Intention (mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Vienna)
