ABH

Question 1

ABH

Answer 1

assault occasioning actual bodily harm - is an assaulter battery that causes actual bodily harm

Question 2

1. Common assault

Answer 2

ABH occurred due to an assault or battery being initially committed.
case examples for both

Question 3

2. Occasioning (causation)

Answer 3

> legal causation - more than minimal cause (R v Kimsey)
factual causation - ‘‘but for’’ test (pagett)
novus actus interveniens (R v Smith)
think skull rule (blaue)
victims own acts (Roberts/williams)

Question 4

element three

Answer 4

actual bodily harm

Question 5

T v DPP

Answer 5

momentary loss of consciousness can amount to ABH

Question 6

DPP v Smith

Answer 6

cutting a substantial amount of hair of someones head without consent can amount to ABH

Question 7

Chan fook

Answer 7

psychiatric injury can amount to ABH

Question 8

R v BM

Answer 8

the defence of consent does not apply to actual bodily harm in the form of body modification

Question 9

mens rea

Answer 9

mens rea for underlying assault or battery is sufficient enough for ABH.
there is no need for the D to intend or be reckless as to whether actual bodily harm is caused.

> Roberts - MR for common assault was needed
Savage - application of unlawful force was sufficient to satisfy the MR

Question 10

types of MR

Answer 10

> oblique intention - Maloney
direct intention -Mohan
recklessness - Cunningham