C/ABH scaffold

Question 1

intro

Answer 1

-in relation to d liability to v they would be liable for assault occsioning abh under s.47 of the offence against the persons act 1861.

Question 2

how is abh defined ?

Answer 2

-ABH is defined by Miller ‘any hurt or injury that interferes with the health and comfort of
the victim’.

Question 3

actus reus

Answer 3

-The actus reus of ABH is that of assault or battery and the victim has suffered ABH level
injury.
- The harm can be psychiatric as in the case of Chan Fook. In this scenario, it is
assault/battery

Question 4

assault + battery for actus reus ?

Answer 4

• AR of assault is ‘apprehension (Logdon) of immediate (Smith) unlawful personal
  violence.
  -AR of battery is ‘application of unlawful personal violence’ (Thomas).

Question 5

“but for test”

Answer 5

-Causation must then be proven.
-First factual causation is proven, in this
scenario ‘but
for’ (Pagett), the victim would not have suffered ABH
-(add the injury
they suffered).

Question 6

operating and substantial cause

Answer 6

-victim’s own
actions (Roberts),
-3rd apart actions (Pagett) or medical negligence (Cheshire). –The thin skull rule never breaks the chain, must take victim as you find them (Blaue).

Question 7

mens rea

Answer 7

-The mens rea of abh is “intention or recklessness as to causing some harm/ assault or battery.
-This intent can be direct (Mohan) or indirect (Woollin). Recklessness is subjective
(Cunningham).

Question 8

outro

Answer 8

therefore d would be liable for ABH undr s47 offences against the persons act 1861