ABH Flashcards

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1
Q

ABH - Act

A

S47 OAPA 1861

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2
Q

ABH - Definition

A

Common assault occasioning actual bodily harm

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3
Q

AR common assault, assault

A

Apprehend,V has an awareness of general violence (Smith v Supt of Woking) even when D is joking (Logdon)
Immediate, occur within a reasonable time frame (Smith v Supt of Woking)
Unlawful violence, silent phone calls (Ireland)
Words and letters (Consatnza)
Words can nullify an assault (Tuberville v Savage)

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4
Q

AR common assault, battery

A

Slight touch done in anger (Cole v Turner)
Application of force can be indirect (Haystead)
Generally acceptable contact v does not consent (Collins v Wilcock)

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5
Q

ABH - AR occassioning

A

Factual causation - but for D’s assault/battery V would not have suffered ABH (White)
Legal causation - D’s assault/battery was more than a minimal cause and the operating and substantiating cause of the ABH V suffers (Smith)
Thin skull rule take v as they find them (Blaue)

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6
Q

AR ABH

A

More than trivial less than serious harm (Chan Fook)
Hurt or injury (Miller)
Psychiatric harm (Chan Fook)
Can be caused indirectly (DPP v K)
Any type of harm/damage considered (DPP v Smith)

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7
Q

ABH MR

A

Intention (Mohan)
Recklessness (Cunningham)

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