Non Fatals- Assault Occasioning ABH

Question 1

Where is assault occasioning ABH contained

Answer 1

S47 of the offence against the person act 1861

Question 2

What are the 3 parts of the AR that needs to be proven

Answer 2

• AR of assault/battery
• causation
• ABH

Question 3

Explain the 1st element of AR for assault occasioning ABH

Answer 3

Must prove AR of the assault or battery

Question 4

Explain the causation part of AR

Answer 4

Must prove factual and legal cause
Prove there’s an unbroken chain between the assault/battery and the ABH

Question 5

Explain the element of proving ABH using a case

Answer 5

Defined by chan fook- injury shouldn’t be so trivial so at to be wholly insignificant, ABH includes psychiatric injury if it can be proved that there’s a identifiable clinical condition

Question 6

What does the case of smith say

Answer 6

The cutting of hair amounts to ABH

Question 7

What case says that a loss of consciousness can amount to ABH

Answer 7

T v DPP

Question 8

What case is used for the MR of assault occasioning ABH, and what is said

Answer 8

Savage- not need to intend/foresee ABH

Question 9

What needs to be proven for the MR of assault occasioning ABH

Answer 9

The mens rea of the initial battery/assault