Actual Bodily Harm

Question 1

ABH Definition?

Answer 1

Defined under s.47 Offences Against the Persons Act 1861 as “A common assault that occasions actual bodily harm”.

Question 2

Stage 1 of the Actus Reus?

Answer 2

The D must have committed a common assault (assault or battery)

Question 3

Assault Definition?

Answer 3

“An act which causes the V to apprehend immediate unlawful force”

Question 4

Assault stage 1?

Answer 4

Act (Ireland) + Written words? (Constanza)

Question 5

Assault stage 2?

Answer 5

Apprehension (Lamb) + jokes? (Logden)

Question 6

Assault Stage 3?

Answer 6

Immediate threat of unlawful force (Smith) + Words cancel assault? (Tuberville V Savage)

Question 7

Battery Definition?

Answer 7

“Infliction of unlawful force”-Lord Goff- (Collins V Wilcock)

Question 8

Battery Stage 1?

Answer 8

Touching (Collins V Wilcock Lord Goff quote) + clothing? (Thomas) +indirect touching? (Martin)

Question 9

Battery stage 2?

Answer 9

Unlawful Touching (Wilson V Pringle)

Question 10

Actus Reus stage 2?

Answer 10

The assault/battery must have occasioned (caused) the injuries (this is an issue of causation)- If there is a causation issue apply it here

Question 11

Actus Reus Stage 3?

Answer 11

The V must have ABH injuries.
(Miller)- “any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling”
(Chan Fook)- “Must not be so trivial as to be wholly insignificant”

Question 12

Mens Rea phrase 1?

Answer 12

(Savage)- only the mens rea for assault or battery is needed

Question 13

Mens Rea Assault?

Answer 13

Intention (Mohan) or recklessness (Cunningham) to do an act which causes the V to apprehend immediate unlawful force (Venna).

Question 14

Mens Rea Battery?

Answer 14

Intention (Mohan) or recklessness (cunningham) to inflict unlawful force on the V (Venna)