ABH Flashcards
Sentence / Type
5years
TEW
CPS Charging Standards Examples
- Temporary Loss of Sensory Function
- Extensive or Multiple Bruising
- Minor Cuts requiring stitches
- Minor Fractures
R v Miller - Lynsky J
“ABH includes any hurt or injury calculated to interfere with health or comfort of the victim”
R v Chan-Fook
Psychatric Injury is included in ABH.
However mere fear distress or shocks
R (T) v DPP 2003
V attacked by group of Boys
D kicked hiom so hard he lost consciousness.
D was covicted of ABH and appealed
Court held loss of consciouness could amount to ABH
DPP v Smith
D cut of V’s ponytail with scissors
Convicted of ABH
Obiter stated ABH if D put paint or siubstamce into hair
R v BM
BM registered tattooist and body piercer.
Convicted of ABH after removing clients ear, nippple and splitting toungue all without anaesthic
Court held medical procedures without medical reason and no protection constitute ABH
R v Roberts
D made advances toward his passsenger by touching her clothes
she jumped from car and suffered injuries
Court held battery of touching girls clothes and led to ABH.
No extra Mens Rea for ABH
Battery occasioned ABH
R v Savage
D approached husbands new GF with intnet to throw a pint of beer over her.
Accidentally let go causing glass to smash and cuts V’s wrists
Court held MR of battery was no need to have MR of ABH