Non Fatal. Offences - ABH

Question 1

Act

Answer 1

S47 offences against the person at 1861

Question 2

Definition

Answer 2

Common assault occasioning actual bodily harm

Question 3

AR of common assault

Answer 3

Decide if assault of battery is committed

Question 4

Causation

Answer 4

Factual-but for (R v white)
Legal-more than initial and operating and substantiating cause (R v smith)

Question 5

Novus actus interveniens

Answer 5

Act of third party (R v Smith)
Medical negligence (R v Cheshire)
Vs own actions (R v Robert’s)
Act of god
Thin skull rule (R v Blaue)

Question 6

AR of ABH

Answer 6

Any hurt or injury calculated to interfere with Vs health or discomfort (R v Miller)
More than trivial less than serious/can be psychiatric harm (R v Chan Fook)
Can be caused indirectly (DPP v K)

Question 7

Men’s rea

Answer 7

D only needs to have the MR of the initial common assault
Intention-(Mohan)
Recklessness-(Cunningham)

Question 8

If applicable

Answer 8

Transferred malice-D can be liable if they have the MR for crime against unintended V-MR will be transferred(R v Latimer/Mitchell) only for the same offence(R v pembilton)
Coincidence rule-1.D did not know they were committing the crime but carried on anyway so the AR wil be continuing until MR is present (fagan v MPC) 2.D had MR but AR appeared later, MR established if same series of events (R v Thabo meli)