ABH/GBH Flashcards
Where are the laws regarding actus reus ABH found?
s47 offences against the person act 1861
What is common assault?
Must be assault or battery
What is factual and legal causation for AR ABH
Factual: But for test (white)
Legal: d common assault contributed to harm in a more than minimal way. (Smith)
What do chan fook/miller say about ABH
Chan fook- more than trivial but less than serious
Miller- interfere with victim health or comfort
What case says ABH includes any kind of hurt or damage?
DPP v smith
What does chan fook say about psychiatric ABH
it can be psychiatric but must be less than mere emotion
What does DPP V K say about ABH?
It can be caused indirectly
What is the mens rea of assult occasioning ABH
D only needs to have the mens tea for the initial common assult. D need not intent or be reckless as to the harm V suffers (R v Roberts)
Where are the laws on GBH found?
S20 OAPA 1861
What does DPP v smith say grievous means?
Really serious harm
What car says that serious psychiatric injury is capable of being GBH
Burstow
What car says that biological harm is capable of being GBH
Dica
What case says that V age and circumstances can mean that injuries are considered more serious?
Bollom
What case says that several less serious injury’s in combination can amount to GBH?
Brown and stratton
What case says a wound is a break to the skin?
Moriarty v brookes
What is the mens rea for ABH?
D intends or is reckless as to inflicting harm.
