Criminal Law ABH

Question 1

Assault Occasioning Actual Bodily Harm

what statute does this come from?

Answer 1

S47 Offences Against the Person Act 1861

Question 2

Definition of Assault Occasioning Actual Bodily harm 1861

Answer 2

Common Assault occasioning actual bodily harm

Question 3

ABH/ Common Assault

Answer 3

For ABH thee must first be either an Assault (V apprehends immediate unlawful violence)
or a Battery (D applys unlawful force)

Question 4

ABH/ Occasioning

Answer 4

Means D causes harm

Prove both types of causation FC+LC link Common Assault to the ABH

Question 5

ABH/ Factual Causation

Answer 5

But for D’s Common Assault V would not have suffered the harm (white)

Question 6

ABH/ Legal Causation (three parts)

Answer 6

D’s common Assault contributes to the harm in a more than minimal way (Smith)

Intervening acts discussed in case the chain of Causation has been broken

Say why the intervening act is reasonable

D’s act is the operating and substantial cause of V’s injury

Question 7

ABH/ Actual Bodily Harm

Answer 7

Means that an injury is suffered by V and the injury is more than trivial
But less than serious (Chan Fook)

Harm can be physical, psychiatric or damage to V

Question 8

ABH/ DPP v Smith

Answer 8

Cutting V’s hair

Question 9

ABH/ DPP v K

Answer 9

ABH can be through indirect contact

Question 10

ABH/ T v DPP

Answer 10

Any loss of consciousness for a few minutes is ABH

Question 11

ABH/ Psychiatric (Chan Fook)

Answer 11

Must be beyond mere emotions such as fear distress or panic

Question 12

ABH/ Mens Rea

Answer 12

D only needs the Mens Rea for the initial common Assault

D has intention or recklessness for an assault or battery