Week 5-Assault (Occasioning Actual Bodily Harm) s59

Question 1

Actus Reus

Answer 1

Assault occassioning actual bodily harm

Question 2

Mens Rea

Answer 2

Absolute–>once AR has been established

Question 3

Principle in Donovan [1934] 2 KB 498

Answer 3

ABH-any hurt or injury calculated to interfere with the health or comfort of victim

need not be permanent but must be more than merely transient and trifling

Question 4

Principle in Chan-Fook [1994] 2 All ER 552 English Court of Appeal

Answer 4

ABH could include Psychiatric injury, identifiable clinical conditions, NOT mere emotions such as fear, distress or panic

Question 5

Principle in Ireland v Burstow [1998] AC 147 House of Lords

Answer 5

ABH-recognisiable psychiatric illness including severe depressive disorder, anxiety disorder

Upheld Chan Fook

Question 6

Principle in Lardener (unreported, NSWCCA, 10 September 1998)

Answer 6

Contrast to Chan Fook and Ireland v Burstow

‘nervous shock’, sleeping difficulties, anxiety, fear – emotions and reactions NOT a psychiatric condition

Question 7

Principle in McIntyre [2009] NSWCCA 305 Johnson J

Answer 7

Manifestation of Donovan and Chan Fook

Icludes Includes victim injured psychologically in a very serious way, going beyond merely transient emotions, feelings and states of mind

Question 8

Principle in Zanker v Vartzokis (1988) 34 A Crim R 11 (SASC) White J

Answer 8

Absolute Liability MR for battery s 59 and other sections except 61

Need only prove assault

Question 9

Principle in Khayli (2017)

Answer 9

Scratches,bruises,grazes,black eyes

Fractures ,broken bones