ABH Flashcards
What does S.47 Assault occasioning Actual Bodily Harm (ABH) refer to?
An assault occasioning actual bodily harm with intention or being reckless as to causing the assault or battery.
What type of assault is relevant for S.47 ABH?
Common assault.
What must occur for an assault to be established?
There must be either an assault or battery.
What is required for the victim to apprehend fear in an assault case?
The fear must be immediate and unlawful.
In R v Lamb, what does the victim need to feel for an assault to be established?
Fear.
What constitutes battery?
The application of unlawful physical force on the victim.
What is the significance of Collins v Wilcock in battery cases?
It illustrates that the application of force can be direct.
What does DPP v K demonstrate in relation to battery?
It shows that the application of force can be indirect.
What is the ‘but for’ test used for?
Factual causation.
What must be established for legal causation in S.47 offences?
The defendant must be the operating and substantial cause of the victim’s suffering.
What does R v Kimsey establish about causation?
The defendant’s actions must be more than minimal but not total.
What does ABH include?
- Bruising
- Single broken bone
- Scratches
- Burst nose
- Sprain
- Swelling
- Pain
- Minor burns
- Bite marks
- Tooth loss or chipping
- Losing senses
- Psychiatric injury
What did R v Miller hold regarding ABH?
ABH is any hurt or injury that interferes with the health and comfort of the victim.
What does R v Chan Fook state about panic and fear?
Panic and fear are not considered ABH.
Is intention or recklessness required for the ABH injuries sustained?
No, it is not necessary to establish intention or recklessness for the ABH injuries.
What does R v Roberts establish about the mens rea for ABH?
If the defendant had the intention to commit an assault or battery, or was reckless as to committing an assault or battery, that is enough.
What was concluded in R v Savage regarding the mens rea for ABH?
It was sufficient that the defendant intended or could foresee that some harm would result.
