ABH Flashcards
I
The d will be liable for ABH
D
ABH is defined under s.47 offenses against the persons act 1861 as a common assault that occasions actual bodily harm
E
The d must have committed a common assault (assault or battery)
A
Applh
Assault
Assault is defined under lord Goff in Collin’s v Wilcox’s as an act which causes v to apprehend immediate unlawful force
E- act (Ireland) +written words (Constance)
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E- apprehension (lamb) + jokes (logdon)
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E- immediate threat of force (smith) +words cancel assault (tuberbille v savage)
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Battery
Battery is defined under lord Goff in Collin’s v Wilcock as the infliction of unlawful force
E- touching (Collin’s v wilcock)
Clothing (Thomas)
Indirect touching (Martin)
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E- unlawful touching (Wilson v Pringle)
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E
Under stage 2 the assault / battery must have been occasioned the injuries
A
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E
Under stage 3 the v must have ABH injuries
Miller stated any hurt or injury calculated to interfere with the health and confort of a v but must be more than trifling
A
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Examples of ABH injuries
- extensive multiple brushing
- temporary loss of sensory function
- psychiatric injury- mild or temporary (Ireland/burstow)
- broken nose, toes,fingers,or hair line fracture or another bone
- temporary loss of consciousness (fainting)
- cutting the v’s hair (smith)
- minor cuts requiring medical treatment
- chipped/ loss of teeth
Mean rea
Under savage stated only the men’s Rea for the assault or battery is needed
Assault - intention or recklessness to do an act which causes the v to apprehend immediate unlawful force (Venna)
Battery - intention or recklessness to inflict unlawful force on the v (venna)
A
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