U1B: NFO: ABH Flashcards
What kind of offence is ABH + what is required?
-Triable either way
-NOT a standalone offence
-Must be an initial assault OR battery which has led to harm
-Can be from causuation
What type of harm does ABH involve?
-Physical OR psychiatric harm
-Low-medium level harm
Is MR required for ABH + which case says this?
-Only the MR of the assault/battery which led to the harm, no further MR needed
-Savage; Parmenter
What case defines the Mens Rea of ABH?
-Savage; Parmenter
Which Act is ABH under?
-S47 Offences Against the Person Act 1861
What does S47 OATPA say about the sentencing of assault ABH?
-“Whosoever shall be convicted…..shall be liable to imprisonment for not more than 5 years.”
What are the 3 elements to be established in ABH?
- Assault
- Occasioning (Causation)
- Actual Bodily Harm
How do you establish the (1) Assault element?
-Establish case law of either *Assault or Battery *
-Explain S39 CJA then S47 OATP
How do you establish the Occasioning element?
-Establish Causation:
-Identify Factual/Legal causation + any intervening acts
When do you not need to establish the Occasioning (2) element?
-If there is a direct, physical attack
-Then Causation is immediately established
What is required to establish the Actual Bodily Harm (3) element?
-HARM
What are the two types of harm in Actual Bodily Harm?
-Physical or
Psychological
What are the two cases that example Harm and what types?
-R v Miller: Physical
-R v Chan-fook: Physical + Psychiatric
-R v Smith: Physical
-T v DPP: Physical
What does R v Miller say about physical harm in Actual Bodily Harm?
-“Any hurt or injury calculated to interfere with the health or comfort of the victim.”
+
-More than “transient or trifling”
