ABH

Question 1

All steps?

Answer 1

1) AR of assault or battery
2) Causation
3) AR of ABH
4) MR
5) Conclusion

Question 2

Intro is…?

Answer 2

Act + definition

Question 3

Act for ABH?

Answer 3

S47 Offences Against The Person Act 1861

Question 4

Definition of Assault or Battery?

Answer 4

AR for one that applies.

Question 5

Step 2?

Answer 5

Causation

Question 6

2 things for step 2+ cases?

Answer 6

Factual - “But for” Ds actions harm wouldnt have happened. ( R v White )
Legal - D has caused unlawful outcome if he contributed in more than a minimal way and is the operating/substantial casue of injury. (R v Smith)

Question 7

What 5 things do you mention if applicable?

Answer 7

Intervening acts :
A) Act of a third party -
operative/substantial casue (Smith)
B) Medical negligence “extra ordinary - (Chesire)
C) Vs own actions - Reasonably Forseeable (Roberts)
D) Act of God
E) Thin skull rule - Take V as you find them ( Blaue )

Question 8

What is Step 3?

Answer 8

AR for ABH

Question 9

3 things for step 3 + cases?

Answer 9

A) Any “hurt or injury” calculated to interfere with Vs health or discomfort.
(R v Miller)
B) More than trival but less than serious/psychiatric harm
(R v Chan Fook)
C) Can be caused in directly.
(DDP v K)

Question 10

Step 4?

Answer 10

MR

Question 11

1 thing for MR?

Answer 11

Needs MR of the assault or battery.
Intention (Mohan)
Recklessness(Cunningham)

Question 12

What do you mention for MR if applicable?

Answer 12

A) Transferred Malice - D can be liable if they have the MR for a crime but against an unintended V. (Latimer)
Must be same offence (Pembilton)
B) D did not have to know they were commiting a crime, if the AR countinues then a MR will be present. (Fagen v MPC)

D had MR but the AR happened later, the MR is estbalished if same series of events. (R v Thabo Meli)

Question 13

Step 5?

Answer 13

Criminally liable or not.