Assault ABH Level Of Harm

Question 0

What section what act

Answer 0

S47 offences against the person 1861

Question 1

Definition.

Answer 1

An assault or battery with causes ABH level of harm

Question 2

Actus reus

Answer 2

The accused must commit a common assault usually battery
which causes
actual bodily harm. More than trivial but not really serious.

Question 3

What is ABH

Answer 3

Miller -any hurt or injury calculated to interfere with the victims health or comfort
Chan fook- dosent include discomfort but does include psychiatric harm

Question 4

What is actual

Answer 4

More that mere discomfort but not trivial (significant)

Question 5

Bodily

Answer 5

Not limited to flesh skin and bones. It includes psychiatric harm but not mere emotional responses e.g. Stress panic or fear

Question 6

Harm requires

Answer 6

Requires hurt or injury includes psychological injury. (Clinically proven)

Question 7

Psychiatric harm

Answer 7

Morris

Burstow

Question 8

Physical harm

Answer 8

TvDPP
Santana Bermudez
SMITH

Question 9

Bodily harm need not be directly applied

Answer 9

Dpp v K

Bollom

Question 10

Men’s rea

Answer 10

Prove MR of psychic assault or battery

There is no requirement for D to intend ABH level of harm or that he was reckless

Question 11

No MR needed for ABH

Answer 11

Roberts