ABH Flashcards
What kind of offence is it ?
either way offence
What is the charge?
-under section 47 of the Offences Against the Person Act 1861
- maximum sentence of 5 year imprisonment
What is the actus reus?
assault or battery that occasions (causes) ‘actual bodily harm’
R v Miller 1954
D had non-consensual sex with his wife, after which she was “in a hysterical and nervous condition”
- any hurt or injury calculated to interfere with the health or comfort of the V
HELD: shock was allowed under s47
R v Chan-Fook 1994
D questioned V about the theft of a ring that belonged to D’s fiancé. D then dragged V upstairs into a room before locking him in. Fearing D’s return, V injured himself by falling to the ground whilst escaping through the window
Held: emotions not enough
R v DPP 2003
D and group of youths chased V. V fell to the ground, he was kicked by D and lost consciousness. He remembered nothing until being woken by a police officer.
HELD: loss of consciousness, even momentarily was actual bodily harm.
DPP v Smith 2006
D cut off a girl’s ponytail.
HELD: enough for ABH - hair is an extension of the body.
What is the mens rea?
-same as assault or battery
“D must have intended to cause the V to apprehend immediate and unlawful force OR must have seen the risk that such apprehension would be created”
R v Roberts 1978
Escaped from a car because a man touched her.
- mens rea for battery was sufficient
R v Savage 1991
Beer was thrown over a woman in a pub/glass slipped - intended the force
R v Parmenter 1992
Handled child roughly/ broken arm and leg
-only had to show that he foresaw the application of unlawful force