ABH ( criminal) Flashcards
What act and section is ABH under
s47 offences agaisnt the persons act 1861
what is the defenition of abh
an offence to commit any assualt occasioning actual bodily harm
what is the actus reus divided into
the assault( assault or battery ) the occasioning( brining the consequence) and Actual Bodily Harm. It can be any hurt or injury no matter how slight
R v Roberts
Assault - touching the skirt
occasioning - jumping out of he car
ABH- injuries that she sustained
R V chanfook
physcological harm can amount to abh “ it is not limited to harm of skin and flesh but to organs, nervous system abd brain
R V ireland 1997
unwanted telephone calls can also amount to phycological abh
DPP V smith
cutting hair can amount to abh
mens rea for ABH
the defendant is guilty even if they did not intend to cause injury
r v roberts ( mens rea)
commited the actus reus and judge decide the mens rea for battery was enough in itself to be guity
r v savage
intended to apply unlawful battery force but led to further harm so did have the mens rea confirms recklnessness