ABH

Question 1

what section is ABH under?

Answer 1

s47 of the Offences Against a Person Act

Question 2

what is ABH defined as?

Answer 2

ABH is defined by Miller ‘any hurt or injury that interferes with the health and comfort of the victim’. occasioning means to cause

Question 3

what is the AR of ABH?

Answer 3

is that of assualt or battery and the V has suffered ABH level injuries. the harm can be psychiatric as in the case of Chan Fook

Question 4

what are examples of ABH?

Answer 4

-cutting someones hair
- physical pain is not necessary for ABH
extensive or multiple bruising
- cuts and slashes that are not superficial but less severe than wounding. may require stitches
- temporary loss of consciousness or sensory function (T v DPP)
- tooth loss or chipping

Question 5

What is the MR?

Answer 5

‘intention or recklessness as to causing some harm’

Question 6

what did the case R v Chan Fook establish?

Answer 6

the phrase ‘ABH’ can include psychiatric injury

Question 7

ABH scaffold

Answer 7

In relation to____ liability to____ they would be liable for assault occassioning ABH under s.47 Offences Against a Person Act 1861.
ABH is defined in Miller as ‘any hurt or injury that interferes with the health and comfort of the victim.’ Occasioning means to ‘cause’.
The actus reus of ABH is ‘That of assault or battery, occasioning actual bodily harm.’ The harm can be psychiatric as seen in Chan fook.
In this scenario____ ABH level injury has/has not been suffered…
It must be proven that____ is the factual cause.
In this scenario ‘but for’ (White) ____ they would not have suffered from ABH.
It must also be proven that ____ is the substantial and operating cause.This means there must be no intervening acts which break the chain of causation, such as; victim’s own actions (Roberts), 3rd apart actions (Pagett) or medical negligence (Cheshire).
In this scenario____
If there are no intervening acts then the chain is not broken and ____ is the substantial and operating cause.
The mens rea of ABH is ‘the defendant has the intention or recklessness as to committing assault or battery to the victim.’ This intent can either be direct (Mohan) or indirect (Woolin). Recklessness is subjective as in Cunningham.
In this scenario ____ has ____ intent/ recklessness.
Direct intent is when it is the defendant’s ‘main aim purpose and desire to bring about a consequence’
Indirect intent is when the defendant ‘did not intend the consequence but they were virtually certain to occur as a consequence of his/hers actions. The defendant must appreciate this and this is evidence from which the jury can find intention.’
Subjective recklessness is the mens rea lower than intention, wherein the defendant ‘knows there is a risk, nevertheless goes ahead and takes it anyway.’
Therefore _______has satisfied all the elements of the actus reus and mens rea and will therefore be criminally for ABH under s.47 Offences Against a Person Act 1861.