Assualt Occasioning Actual Bodily Harm Flashcards
What act is assault occasioning actual bodily harm covered under? (1)
S47 of the offences against person act 1861
Define assault occasioning actual bodily harm. (1)
Common law assault or battery occasioning actual bodily harm with intention or subjective recklessness as to causing apprehension of unlawful violence or the application of unlawful force.
What is the actus reus of ABH? (3)
-‘common law assault or battery’
-‘actual bodily harm’
-‘causing’
Hat is meant by ‘common law assault or battery’ in terms of the actus reus of ABH? (2)
It is necessary to prove that there was an assault or battery and that this caused actual bodily harm. Can also be psychiatric injury.
What is meant by ‘actual bodily harm’ in terms of the actus reus for ABH? (7)
Stated under CPS guidelines that ABH was classified as;
-the loss or breaking of a tooth or teeth
-extensive or multiple bruising
-a displaced nose
-minor fractures of bones
-minor (but not superficial) cuts requiring medical treatment
-a recognised psychiatric disorder (signed off by doctor)
What cases defined ABH? (2)
Donovan (1934)
Miller (1954)
What did miller (1954) say about ABH? (1)
‘Any hurt or injury calculated to interfere with the health or comfort of the individual’
What did Donovan (1934) say about ABH? (1)
‘Any hurt or injury that interfered with the health and comfort of the victim. This injury or hurt did not need to be permanent though it had been more than merely transient or trifling’
What cases show psychiatric harm in ABH?
R v Chan-Fook (1994)
What occurred in R v Chan-Fook (1994)? (3)
The trial judge directed jury that a nervous and hysterical condition could be actual bodily harm.on appeal the COA disagreed and held that ‘actual’want not so trivial as to be wholly insignificant.’harm’ was injury which goes beyond interferences with the health and comfort of the victim. Also said that ‘bodily’ is not limited and included injury to the nervous system and identifiable psychiatric disorders.
What case showed that losing consciousness could be seen as ABH? (1)
T v DPP (2003)
What occurred in T v DPP (2003)? (3)
A group of youths chased V, v fell to the ground and saw that the youths were coming towards him and covered his head with his hands. He was kicked repeatedly, he momentarily lost consciousness he was later woken by a police officer. Youths were convicted of assault occasioning actual bodily harm.
What case shows that cutting someone’s hear can be seen as ABH? (1)
DPP v Smith (Micheal) (2006)
What occurred in DPP v Smith (Micheal) (2006)? (3)
D had an agruement with his girlfriend, he cut her ponytail off without consent he was charged with ABH.
Magistrates found that cutting hair could not amount to ABH,prosecution appealed and held that it was ABH.
What is the men’s Rea of actual bodily harm? (2)
-‘intention’
-‘subjective recklessness’
