ABH - Non Fatal Offences Against The Person Flashcards
1
Q
In what act is ABH introduced by the parliament in?
A
The offences against the person’s act section 47 (1861)
2
Q
Actus Reus
A
Assault or battery occasioning actual bodily harm
3
Q
Mens Rea
A
Same as assault or battery
4
Q
Criticism of ABH
A
The act is outdated (1861) not taking mental illness in consideration - now it does, ABH section 47 = 5 years in prison - big jump from section 39 which is 6 months in prison
5
Q
R v Miller
A
Defined ABH as any hurt or injury calculated to interfere with the health or comfort of the victim
6
Q
R v Chan - Fook
A
ABH includes psychiatric injury
7
Q
R v Roberts
A
For ABH the defendant need not foresee any injury
