ABH

Question 1

Miller 1954

Answer 1

D threw his wife to the floor on multiple occasions and raped her.
Ratio: Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of a victim.
AR link:Any hurt ordinary calculated to interfere with health.

Question 2

T vDPP 2003

Answer 2

V was chased by a group of youths he fell covered his head. He was kicked and suffered a short loss of consciousness.
Ratio:actual bodily harm can include a loss of consciousness.
AR link:There was assault and battery which caused bodily harm.

Question 3

DPP v smith 2006

Answer 3

D broke into his ex-girlfriends house and cut off her ponytail.
Ratio:cutting v hair can amount to ABH. The harm must be actual it cannot be small and trivial.
AR: there was assault and battery committed as any touching will do.

Question 4

Chan fook 1994

Answer 4

Appellant interrogated student where they stuck him several times, then locked him in a room and threatened further abuse if the ring wasn’t returned. V escaped but broke some bones.
Ratio:guidelines were set out in chan fook.
AR: Actual indicates that the injury whilst not needing to be permenant.

Question 5

DPP v k 1990

Answer 5

D placed acid in a hand dryer and v used it. His hands were burnt by the acid.
Ratio:ABH may be caused indirectly.
AR: d guilty, although he was not directly present at the time.

Question 6

Cunningham

Answer 6

Gas meter.
Ratio: actual bodily harm can be caused indirectly.
Mr: Ds actions were reckless at the time to what he was doing.

Question 7

Savage and Parmenter

Answer 7

Savage throws beer over he husbands ex. The glass slipped out her hand and vs wrist was cut. In Parmenter D accidentally injured his newborn.
Ratio:both actions were reckless.
Mr: both convicted.