Actual Bodily Harm Flashcards
1
Q
What law is used
A
s47 Offences Against the Persons Act 1861
2
Q
Definition
A
Common assault occasioning Actual Bodily Harm
3
Q
What must there be?
A
An assault (apprehension of immediate unlawful violence) or a battery (application of unlawful force)
Must be fully applied to scenario
4
Q
What does ABH mean?
A
More than trivial less than serious (Chan Fook)
Hurt or injury calculated to interfere with Vs health or discomfort (R v Miller)
5
Q
What is ABH?
A
Any damage can be considered (DPP v Smith)
Can be psychiatric harm (Chan Fook)
Can be caused indirectly (DPP v K)
6
Q
MR of ABH
A
D only needs the MR for the initial common assault
Intention (Mohan)
Recklessness (Cunningham)
7
Q
ABH structure
A
AR of common assault
Causation
AR of ABH
MR
