Actual Bodily Harm

Question 0

Actus Reus?

Answer 0

The actus Reus of assault or battery plus occasioning actual bodily harm

Question 1

What section and where is ABH found?

Answer 1

S47 of the offences against the persons act (OAPA)

Question 2

R v miller states abh as:

Answer 2

Any hurt or injury calculated to interfere with the health or discomfort of victim

Question 3

Actual means ?

Answer 3

Harm can’t be so trivial (minor) to be totally insignificant - R v Chan Fook
- includes psychiatric harm but not mere emotions of fear / distress or panic

Question 4

What does r v smith establish

Answer 4

Abh is not limited to injury; extends to hurt / damage = cutting hair

Question 5

Abh can be indirect

Answer 5

DPP v khan

Question 6

abh in Santana burmudez

Answer 6

Battery amounted to abh via omission

Question 7

S47 requires?

Answer 7

Proof of causation!

Question 8

Men’s rea

Answer 8

Same as the assault or battery

- r v Roberts: no need for any additional mr for actual bodily harm