ABH

Question 1

Where is ABH contained

Answer 1

section 47 of offences against the persons act 1861

Question 2

How can ABH be defined

Answer 2

Any assault or battery which causes actual bodily harm - R v Roberts This must be more than minor and short term - R v Miller. It can result from physical harm and could include psychiatric injury - R v Ireland, R v Chan Fook

Question 3

R v Miller

Answer 3

Court stated ABH was “any hurt or injury calculated to intefere with the health or comfort o the victim

Question 4

R v Ireland

Answer 4

Silence can amount to an assault or psychiatric injury

Question 5

DPP v Smith

Answer 5

Pain is not required as hair cutting amounted to ABH

Question 6

AR of ABH

Answer 6

The act that caused the actual bodily harm. This act does not necessarily require pain - DPP V Smith

Question 7

MR of ABH

Answer 7

Intention or recklessness

Question 8

DPP v K

Answer 8

Battery can occur indirectly

Question 9

R v Roberts

Answer 9

D was guilty of ABH because the act of driving recklessly caused the victim to fear harm, which led to her jumping out of the car

Question 10

R v Chan Fook

Answer 10

Psychological harm can amount to ABH, as long as it resulted in some form of injury, whether physical or psychiatric

Question 11

R v Mohan

Answer 11

Even attempting to injure someone is an intentional offence

Question 12

R v Cunningham

Answer 12

Reckless action as D should have forseen that harm would occur