ABH Flashcards
1
Q
Definition and act
A
Under s47 of the OAPA 1861
An assault or battery occasioning ABH
2
Q
What must first be proven?
A
An assault or battery has taken place which has caused additional harm
3
Q
What must the injury be?
A
More than transient or trifling= interferes with health and comfort of victim (miller)
4
Q
What counts under the CPS charging standards?
A
Cutting a substantial amount of hair off (smith)
5
Q
What is psychiatric injury?
A
More than mere stress/anxiety and is a recognised psychiatric condition e.g depression (Chanfook)
6
Q
What is the mens rea?
A
Assault or battery/ intention or recklessness (savage)
