ABH Flashcards
1
Q
ACT
A
- s.47 Offences Against the Person Act 1861
2
Q
defintion
A
- is a result crime
- common assault occasioning actual bodily harm
3
Q
ACTUS REUS
A
assault or battery
4
Q
ACTUS REUS
cases definition
A
- ‘any hurt or injury calculated to interfere with the health or comfort of the victim’ MILLER
- more than trivial, but less than serious CHAN FOOK
5
Q
ACTUS REUS
two harms
A
- cutting off hair (DPP V SMITH)
- psychiatric harm (CHAN FOOK)
6
Q
CAUSATION
factual
A
- ‘but for’ D’s assault/battery, victim would not have been harmed
- R v White
7
Q
CAUSATION
legal
A
- D’s common assault/battery contributes to the harm in more than a minimal way and is the operating and substantial cause
- R v Smith
8
Q
CAUSATION
novus actus interveniens
A
- medical negligence (extra-ordinary) R V CHESHIRE
- act of a third party (operating and substantial) R V SMITH
- victims own actions (reasonably foreseeable) R V ROBERTS
- act of god
9
Q
MENS REA
A
intention - MOHAN
recklessness - CUNNINGHAM
10
Q
MENS REA
other rules
A
- transferred malice (LATIMER)
- coincidence rule (FAGEN)
- strict liability
