ABH Flashcards
1
Q
From
A
s.47 OAPA - 5 years max, triable either way
2
Q
1.
A
Assault or battery
3
Q
Causes
A
Factual; but for; r v white
Legal ; more than de minimis; r v kimsey
New intervening acts break chain of causation; daft and unforeseeable will (R v Williams and davis) ; foreseeable acts wont (R v roberts)
Thin skull rule; take victim as find them ; r v blaue
4
Q
Harm
A
R v mIller; interfere with health and comfort of victim
Scratch, bruises, swelling, loss/broken teeth, minor broken bones
T v DPP; loss of consiciousness even few seconds
DPP v Smith; cut hair with no permission
R v Chan fook; includes psychological harm
5
Q
Mens rea
A
Intention or subjective recklessness towards assault or battery, no need to foresee harm