ABH Flashcards
R v Chan Fook
ABH means an injury that can’t be so trivial as to be wholly insignificant. This does not have to be permanent and can be psychological harm
DPP v Smith
Cutting off a person’s hair can amount to ABH
T v DPP
Even a very short loss of consciousness can be ABH
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
R v Savage
D does not need to intend/be reckless as to causing harm to V, they just need to intend/be reckless as to the assault or battery
R v Mohan
D’s main aim is to cause the consequence
R v Cunningham
D realises there would be a risk, but carries on regardless
R v Latimer
The mens rea can be transferred from the intended victim to the actual victim
R v Thabo Meli
If the mens rea has formed before the actus reus, the mens rea extends to all the actions done in between
Fagan v MPC
If the mens rea has formed after the actus reus, the actus reus continues until the mens rea occurs
