Assault/battery occasioning ABH

Question 1

What is the act?

Answer 1

S 47 of Offences against the person act 1861

Question 2

Is it statute or common law?

Answer 2

Mixture of both

Question 3

Indictable or summary?

Answer 3

Either-way

Question 4

Maximum sentence?

Answer 4

5 years imprisonment

Question 5

What is the actus reus?

Answer 5

Assault or battery which causes actual bodily harm

Question 6

Assault/battery

Answer 6

All elements present of either - R v Chan-Fook

Question 7

Causes

Answer 7

Assault/battery must cause actual bodily harm - R v Roberts

Question 8

Rules of causation?

Answer 8

Factual cause - But for defendant’s actions

Legal cause

Question 9

Actual Bodily Harm

Answer 9

Hurt or injury calculated to interfere with the health or comfort of the victim.

Question 10

What should the ABH not be?

Answer 10

It should not be so trivial as to be wholly insignificant

Question 11

What can ABH include?

Answer 11

Psychiatric injury, cutting of hair

Question 12

R v Chan-fook

Answer 12

Interrogated and fell out of a window. Feelings of fear and panic are emotions rather than injury

Question 13

R v Roberts

Answer 13

Defendant doesn’t have to foresee actions of V, only when V’s actions were so daft that chain in causation breaks

Question 14

Mens rea

Answer 14

Intention or reckless as to the assault or battery. No additional mens rea for harm caused