abh Flashcards
where is abh found?
section 47 of the Offences Against the Person Act 1861
what is the actus reus of abh?
either assault or battery which causes abh to another person
what are the 3 elements for actus reus?
-the actus reus of assault or battery
-v suffers an injury which counts as abh
-the assault/battery causes that injury
what is meant by actual bodily harm?
minor injuries
what is the leading case for abh?
R v Chan Fook
what does R v Chan Fook say?
-abh is an injury not so trivial as to be insignificant
-psychiatric harm can be abh
what case shows that cutting hair can be abh?
DPP v Smith
what case shows that a short loss of consciousness can be abh?
T v DPP
what is the mens rea of abh?
the same as either assault or battery
what case shows that d does not need to intend or realise a risk of harm?
R v Savage
what does R v Savage say?
d does not need to intend/be reckless as to causing abh, they just needs the mens rea
