NFO: Actual Bodily Harm

Question 1

governing AoP

Answer 1

s.47 of the Offences Against the Person Act 1861

Question 2

definition

Answer 2

assault occasioning actual bodily harm

Question 3

Miller

Answer 3

defines ABH: ‘any hurt or injury calculated to interfere with the health or comfort of the victim’

Question 4

T v DPP

Answer 4

injury eg, momentary loss of consciousness

Question 5

Smith

Answer 5

injury eg, cutting of hair

Question 6

Chan-Fook, Burstow, Ireland

Answer 6

injury eg, psychiatric harm w/ RMC> fear/distress

Question 7

Nelson, Logdon, Lamb

Answer 7

assault: causing v the apprehension (fear) of the infliction of immediate unlawful force

Question 8

Rolfe, Thomas, Collins v Willcock

Answer 8

battery: the application of unlawful force

Question 9

Causation

Answer 9

FC: Pagett, White
LC: Pagett, Smith
NAI: Corbett, Roberts, Pagett, Chesire, Jordan, Blaue

Question 10

Savage, Roberts

Answer 10

MR: int/sr to an assault/battery NOT the ABH itself

Question 11

Mohan

Answer 11

MR: int, deciding to bring about a particular consequence

Question 12

Cunningham

Answer 12

MR: sr, foresaw a risk and continued regardless

Question 13

Latimer

Answer 13

transferred malice principle

Question 14

Level of harm

Answer 14

any minor injury that isnt serious: bruises, swelling, scratches, hair cut, mild concussion, chest pain, momentary loss of consciousness, psychiatric harm> fear/distress

Question 15

Checklist

Answer 15

• def s.47 OPA 1861
• ABH def & injury M, TvDPP, S, C-F, B, I
• assault (act, fear, immediate) N, L, L OR
• battery (application, indirect) R, T, CvW
• occasioning/causation C, R, P, C, J, B, P/W, P/S
• MR: ass/bat, int/sr S, R, M, C
• tm L