ABH (S47)

Question 1

define ABH

Answer 1

assault occasioning actual bodily harm

Question 2

what section and act does abh come from

Answer 2

s47 OAPA 1861

Question 3

what is the ar for abh

Answer 3

common assault that causes actual bodily harm

Question 4

what is the mr of abh

Answer 4

same as assault/ battery

Question 5

explain the ar of abh (definition of assault + battery)

Answer 5

D must cause V to apprehend immediate unlawful violence (assault) / apply unlawful force (battery)

Question 6

what does occasioning mean

Answer 6

causes- the common assault causes the harm (normal rules of causation)

Question 7

what case states that ‘actual’ meant not so trivial as to be wholly insignificant. + ‘harm’ meant injury which goes beyond interference with the health and comfort of the V

Answer 7

Chan Fook

Question 8

what case states that cutting hair is harm

Answer 8

DPP v Smith

Question 9

what case states that abh covers physical, psychiatric, clinical conditions but not emotions such as fear, distress or panic

Answer 9

Chan Fook

Question 10

what case stated that bodily harm includes recognisable phsychiatric illnesses

Answer 10

Burstow

Question 11

what case states that loss of consciousness, even momentarily is ABH

Answer 11

R(T) v DPP

Question 12

explain mr for abh (mr for assault + battery)

Answer 12

intentionally or recklessly make v apprehend immediate unlawful violence (assault)/ intentionally or recklessly apply unlawful force

Question 13

which case confirmed Roberts and what did it say

Answer 13

Savage v Parmenter - do not have to show D intended to cause or was reckless in causing harm