ABH- paper 1 Flashcards
what section is ABH found
s.47 of the OAPA 1861
actus reus of ABH
either an assault or battery which causes ABH to another person
three elements of ABH
- AR of assault or battery
- V suffers an injury counting as ABH
- The assault/ battery must cause the injury
AR of assault
causing the V to apprehend immediate unlawful force
AR of battery
applying unlawful force
first case and definition for ABH
R v Miller
- any hurt or injury that interferes with the victim’s health or comfort
leading case and definition for ABH
R v Chan fook
- harm that is not trivial or insignificant (trivial = minor)
- psychiatric harm can be ABH, must be diagnosed by doctor
what did Chan Fook say could not amount to ABH
mere emotions e.g. fear or panic
injuries that count as ABH and cases they come from
- DPP v Smith says cutting a person’s hair without consent is ABH
- T v DPP says even a a very short loss of consciousness can be ABH
factual causation and case
- But for test
- R v Pagett
legal causation and case
- operative and substantial cause test
- significance
- R v Smith
what can break chain of causation and cases
intervening acts:
- acts of a victim, R v Williams
- acts of third party, R v Jordan
- acts of God
when will intervening acts break chain of causation
- unreasonable and unforeseeable
- medical treatment must be palpably wrong, R v Jordan
what can never break chain of causation and case
- peculiarities of victim
- R v Blaue, thin skull rule
mens rea of ABH
Intent or recklessness to use assault or battery which causes ABH to another person
