abh

Question 1

abh

Answer 1

s47 OATP act
assault occasioning actual bodily harm

Question 2

dpp v taylor

Answer 2

assault includes assault and battery

Question 3

occasioning

Answer 3

causation- the assault or battery must be the factual and legal cause of the abh

Question 4

factual and legal cause

Answer 4

can it be said that ‘but for’ d’s assault or battery, v would not have suffered abh
is the assault or battery ‘more than the minimal cause’ of the abh that v suffers

Question 5

actual bodily harm

Answer 5

r v donovan- abh is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’ also more than trivial, less than serious

Question 6

r v chan fook

Answer 6

abh can include psychiatric injury

Question 7

dpp v smith

Answer 7

abh is any type of hurt or damage, as cutting off a ponytail damaged the cells of the body, this was abh

Question 8

mens rea

Answer 8

must’ve intended or risked the assault or battery

Question 9

assault mens rea

Answer 9

intention- d desires to cause v to apprehend immediate unlawful violence
recklessness- there is a risk that d’s conduct will cause v to apprehend immediate unlawful violence, and d realises this

Question 10

battery

Answer 10

intention- d desires to apply unlawful force
recklessness- there is a risk that d will apply unlawful force, and d realises this

Question 11

sentencing

Answer 11

s47 is a triable either way offence
max sentence is 5 years imprisonment, or 7 if racially aggravated

Question 12

criticisms