ABH

Question 1

What is ABH and where can it be heard ?

Answer 1

Assault/Battery occasioning Actual Bodily Harm- tried mag. or crown

Question 2

What Act is Assault occasioning ABH under ?

Answer 2

OAPA 1861

Question 3

What is the AR for ABH ?

Answer 3

either assault or battery

Question 4

What must you go through for assault w ABH or battery w ABH ?

Answer 4

full AR and MR of whatever one it is

Question 5

What does occasion mean?

Answer 5

cause so just be est. D assault/battery caused the ABH ?

Question 6

What case used to define ABH and how?

Answer 6

R V Miller- ‘any hurt/injury calculated to interfere with the health and comfort of the V’

Question 7

What does the case of Chan-Fook update the definition of ABH ?

Answer 7

actual- not so trivial as to be ‘wholly insignificant’
bodily- all parts incl. organs, nerves and brain
harm- injury

Question 8

What does ABH not include ?

Answer 8

emotions or states of mind that aren’t an identifiable medical conditions

Question 9

Causation and cases?

Answer 9

Factual- but for (White/Pagett)
Legal- de min. (Kimsey) O+S (Smith/Cheshire)

Question 10

examples of NAI?

Answer 10

VOA- Williams & Davis
self neglect- Holland/Wallace
3rd P- Pagett
medical treat- Jordan/Smith
TSR- Blaue

Question 11

What is the MR of ABH & cases?

Answer 11

same as the assault/battery so
intention (Savage) or,
recklessness (Robert’s)