ABH

Question 1

Definition of ABH

Answer 1

S.47 OAPA 1861- a common assault that occasions actual bodily harm

Question 2

Step one of actus reus

Answer 2

The d must have committed a common assault (assault or battery). Apply this

Question 5

Step two of actus reus

Answer 5

The assault/battery must have occasioned the injuries

Question 6

Factual causation “but for test”

Answer 6

White

Question 7

Legal causation- significant contribution by more than a slight or trifling link

Answer 7

Kimsey

Question 8

Step three of actus reus

Answer 8

The v must have ABH injuries- any hurt or injury calculated to interfere with the health and comfort of the v.

Question 9

This must be more than trifling

Answer 9

Miller

Question 10

Must not be so trivial as to be wholly significant

Answer 10

Chan fook

Question 11

Step one of men’s tea

Answer 11

Only the men’s rea for assault or battery is needed (savage)

Question 12

Assault men’s rea

Answer 12

The intention (Mohan) or recklessness (Cunningham) to do an act which causes v to apprehend immediate unlawful force (venna)

Question 13

Mens rea for battery

Answer 13

The intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the v (venna)