ABH Flashcards
ABH - Act
S47 OAPA 1861
ABH - Definition
Common assault occasioning actual bodily harm
AR common assault, assault
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)
AR common assault, battery
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)
ABH - AR occassioning
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)
AR ABH
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)
ABH MR
Intention (Mohan)
Recklessness (Cunningham)