S47 Flashcards
Injuries constitute ABH ‘any hurt or injury calculated to interfere with the health or comfort of the victim’
MILLER
Momentary loss of consciousness
T v DPP
Cutting of hair
SMITH
Psychiatric harm with a recognised medical condition more than fear or distress
CHAN FOOK, BURSTOW, IRELAND
Assault under common law and charged under s39 criminal justice act 1988 causing v the apprehension of the infliction of immediate unlawful force
NELSON, LOGDON, LAMB
Battery
ROLFE, THOMAS, COLLINS V WILCOCK
Factual causation
“but for” test & PAGETT, WHITE, HUGHES
Legal cause
Significant more than minimal & SMITH, PAGETT
If relevant novus actus interveniens
Victims own act, medical negligence (CHESHIRE), act of a third party, thin skull rule (BLAUE)
MR intention or subjective recklessness as to an assault or battery not the ABH itself
SAVAGE, ROBERTS
Direct intention as to an assault - bring about particular consequence
MOHAN
Direct intention as to a battery - bring about particular consequence of unlawful force
MOHAN
Subjectively reckless as to an assault - foresee risk of causing fear
CUNNINGHAM / PARMENTER
Subjectively reckless as to battery - foresee risk of application of unlawful force
CUNNINGHAM / PARMENTER
If relevant transfer malice
LATIMER, MITCHELL