ABH Flashcards
R v Miller
Gave definition of ABH but is general and not used often. Describes ABH as ‘any substantial hurt or injury caused that impacts the health or comfort of the victim’
R v Chan-Fook
Chan-Folk had a tenant living in his house and he noticed his wife’s wedding ring was missing. He got angry and assumed the tenant did it. He locked the tennant in their room. The tennant was scared and threw themselves out a window to escape. Prosecution used fear of the tenant to push case and lost. Must use recognised mental conditions not ‘mere emotions’
DPP v Smith
Cutting off a substantial amount of hair without consent can amount to ABH
R v Savage
Savage was in a bar when she saw her ex husband with a new girlfriend. She was angry about this so decided to buy a beer and pour it over the new girlfriend. Instead, she accidentally threw the glass at her. She argued as she only intended to throw the drink she does not have MR for ABH. Judge rules that if you have the men’s tea for assault/battery then it can be transferred to the ABH
T v DPP
Temporary loss of consciousness is ABH
