ABH Flashcards

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1
Q

ABH definition + act

A

Assault or battery conditioning actual bodily harm

s.47 Offences Against the Person Act

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2
Q

Is ABH indictable?

A

No, it is triable either way.

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3
Q

ABH actus reus

A
  1. Assault or Battery: Show an assault or battery has taken place
  2. Occasioning: Show the assault or battery has caused ABH (normal causation rules apply)
  3. Actual Bodily Harm: Show there is “actual bodily harm”
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4
Q

Assault or Battery

Component of ABH actus reus

A

Show an assault or battery has taken place

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5
Q

Occasioning

Component of ABH actus reus

A

Apply causation

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6
Q

Actual Bodily Harm

Component of ABH actus reus

A

Show there is “actual bodily harm”

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7
Q

Can mental ailments constitute ABH?

A

Yes (R v Burstow or R v Chan-Fook)

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8
Q

R v Chan-Fook

A

Actual Bodily Harm means non trivial damage that interferes with the health and comfort of the victim

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9
Q

Which case details what ABH is?

A

R v Chan-Fook

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10
Q

ABH mens rea

A

Same as the offence leading to abh (either assault or battery)

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11
Q

ABH mens rea case

A

Roberts

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12
Q

Roberts

A

ABH mens rea case

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