ABH- Actual Bodily Harm Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

ABH Definition

A

S.47 Offences Against the Persons Act 1861
‘Common assault occasioning actual bodily harm’

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

Actus Rea

A

Common Assault (Assault or battery)
Which occasions (causation)
Actual bodily harm injuries

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

ABH Stage 1

A

The D must commit a ‘common assault’
Only out line the Actus Rea

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

ABH Stage 2

A

Causation Issue cases

BLAUE
CHESHIRE
HOLLAND
M/S
PADGETT
ROBERTS

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

ABH Stage 2 legal causation

A

KIMSEY
‘More than a slight or trifling link’

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

ABH Stage 2 Factual Causation

A

WHITE
‘But for’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

AHB Stage 3

A

Actual Bodily Harm
Any hurt or injury calculated to affect the health and comfort of the v, but it has to be more than trifling
MILLER
The injury should not be so trivial as to be wholly insignificant
CHAN FOOK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ABH Stage 3 Injury List

A

Multiple Brusing
Loss of teeth
Temporarily loss of sensory function
Broken bones
Minor cuts requiring medical treatment
Psychiatric injury- CHAN FOOK
Cutting off V’s hair- SMITH
Loss of consciousness- T V DPP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ABH
MENS REA

A

You only need the MR for A or B

Assault- to cause the v to apprehend immediate unlawful force
Battery- to inflict unlawful force on the v
VENNA

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