Non-fatal Offences - ABH Flashcards

1
Q

Actus Reus of ABH

A

Defined in s47 of OAPA 1861

an assault or battery which causes the victim actual bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

R v Chan-Fook

A

Harm cannot be so trivial as to be wholly insignificant

ABH includes psychiatric injury, but not mere emotions such as fear, anxiety, distress or panic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

R v Smith

A

Cutting off another person’s hair without consent can be ABH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

T v DPP

A

a temporary loss of consciousness can amount to ABH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

mens rea of ABH

A

same as for assault/battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

R v Savage

A

mens rea of battery is enough for D to be convicted of assault occasioning ABH

D doesn’t need to intend or be reckless about causing ABH to V

How well did you know this?
1
Not at all
2
3
4
5
Perfectly