actual bodily harm Flashcards

1
Q

What is the actus reus of actual bodily harm?

A

An assault or battery occaisioning actual bodily harm
(no need to discuss legal or factual causation)

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2
Q

what case defines ‘actual bodily harm’?

A

Miller - ‘any injury calculated to interfere with the health + comfort of the victim’

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3
Q

what are case examples of actual bodily harm?

A

DPP v T - D chased V who fell over. D kicked V who lost consciousness for a few seconds

Smith - D cut girlfriend’s hair off (indirect application of force)

psychological ABH:
Chan Fook - stole fiance’s engagement ring+ locked V in bedroom

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4
Q

what is the mens rea of actual bodily harm

A
  1. intent to cause assault or batter but ABH caused
  2. recklessly causing assault or battery but ABH caused
  3. intending, or recklessly causing ABH
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