for stupid work thing Flashcards
What act (and section) is ABH triable under
S47 Offences Against the Person Act
Which classification of crime is ABH
triable-either-way
Define ABH (original vague definition)
Assault Occasioning Actual Bodily Harm
Define Assault (in the context of ABH)
An assault or battery
Define Occasioning (in the context of ABH)
the assault/battery causes the ABH
What constitutes Actual Bodily Harm
“not so trivial” harm, unconsciousness, measurable psychiatric illness, hair cutting (but a lot)
what was the ruling of Miller (1954)
ABH is deemed “any hurt or injury calculated to interfere with the health or comfort of the victim”
what was the ruling of R v Chan Fook (1994)
“Actual” means “not so trivial as to be wholly insignificant” and “mere emotions” are not ABH
what was the ruling of T v DPP (2003)
Unconsciousness (even briefly) is ABH
what was the ruling of DPP v Smith (Michael) (2006)
Cutting a substantial amount of hair is ABH
what was the ruling of R v Burstow (1997)
Recognisable psychiatric illness is ABH
what was the ruling of R v Roberts (1971)
The mens rea of a common assault is the same as for ABH
what was the ruling of R v Savage (1991)
Common assault Mens Rea is sufficient for ABH, transferred malice also applies
Define ABH (new definition that doesn’t suck)
An assault or battery that causes actual bodily harm to the victim and D intends or is subjectively reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force.
