Abh(actual Bodily Harm)

Question 1

ABH is an offence under?

Answer 1

S.47 of OAPA 1861

Question 2

AR for ABH?

Answer 2

Assault or battery that causes( occasioning ) ABH

Question 3

In ABH what does assault mean

Answer 3

Assault refers to common assault which means either battery or assault has to be present

Question 4

Assault in ABH says

Answer 4

The victim must apprehend ( r v lamb) immediate (smith v cc of Woking police ) unlawful force ( no consent )

Question 5

What does ABH say in terms of battery

Answer 5

Application of unlawful (anything that is not consented r v thomas )
physical force either direct (Collin v wilcock)or indirect(ddp v k)

Question 6

How much force is required for battery in ABH

Answer 6

The slightest touch r v Thomas

Question 7

What does “occasioning” mean in S.47 ABH?

Answer 7

Occasioning” means causing, requiring the application of factual and legal causation

Question 8

Which rule applies if the victim’s characteristics contribute to the injury in ABH?

Answer 8

The thin skull rule, shown in R v Blaue, meaning “take your victim as you find them.”

Question 9

Examples of ABH

Answer 9

bruising, minor fractures, sprains, minor burns, and temporary loss of senses, among others.

Question 10

What case defines ABH

Answer 10

R V miller

Question 11

What did r V miller define ABH as?

Answer 11

any hurt or injury that interferes with the victim’s health or comfort

Question 12

What does r V chan fook say

Answer 12

. Panic and fear alone do not amount to ABH

Question 13

Mr for ABH?

Answer 13

Intentionally or recklessly committing an assault or a battery

Question 14

What case shows the D intended or could force some harm from their actions

Answer 14

R V savage

Question 15

What case shows that the D doesn’t have to have the intention to cause injury but be intentional or recklesless to commit assault or battery is enough

Answer 15

R v Robert’s

Question 16

What is the Max sentence for ABH

Answer 16

5 years improsiment