ABH- Actual Bodily Harm Flashcards
ABH Definition
S.47 Offences Against the Persons Act 1861
‘Common assault occasioning actual bodily harm’
Actus Rea
Common Assault (Assault or battery)
Which occasions (causation)
Actual bodily harm injuries
ABH Stage 1
The D must commit a ‘common assault’
Only out line the Actus Rea
ABH Stage 2
Causation Issue cases
BLAUE
CHESHIRE
HOLLAND
M/S
PADGETT
ROBERTS
ABH Stage 2 legal causation
KIMSEY
‘More than a slight or trifling link’
ABH Stage 2 Factual Causation
WHITE
‘But for’
AHB Stage 3
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
ABH Stage 3 Injury List
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
ABH
MENS REA
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