Non-fatal Offences - ABH Flashcards
1
Q
Actus Reus of ABH
A
Defined in s47 of OAPA 1861
an assault or battery which causes the victim actual bodily harm
2
Q
R v Chan-Fook
A
Harm cannot be so trivial as to be wholly insignificant
ABH includes psychiatric injury, but not mere emotions such as fear, anxiety, distress or panic
3
Q
R v Smith
A
Cutting off another person’s hair without consent can be ABH
4
Q
T v DPP
A
a temporary loss of consciousness can amount to ABH
5
Q
mens rea of ABH
A
same as for assault/battery
6
Q
R v Savage
A
mens rea of battery is enough for D to be convicted of assault occasioning ABH
D doesn’t need to intend or be reckless about causing ABH to V