ABH

Question 1

What kind of offence is it ?

Answer 1

either way offence

Question 2

What is the charge?

Answer 2

-under section 47 of the Offences Against the Person Act 1861
- maximum sentence of 5 year imprisonment

Question 3

What is the actus reus?

Answer 3

assault or battery that occasions (causes) ‘actual bodily harm’

Question 4

R v Miller 1954

Answer 4

D had non-consensual sex with his wife, after which she was “in a hysterical and nervous condition”
- any hurt or injury calculated to interfere with the health or comfort of the V
HELD: shock was allowed under s47

Question 5

R v Chan-Fook 1994

Answer 5

D questioned V about the theft of a ring that belonged to D’s fiancé. D then dragged V upstairs into a room before locking him in. Fearing D’s return, V injured himself by falling to the ground whilst escaping through the window
Held: emotions not enough

Question 6

R v DPP 2003

Answer 6

D and group of youths chased V. V fell to the ground, he was kicked by D and lost consciousness. He remembered nothing until being woken by a police officer.
HELD: loss of consciousness, even momentarily was actual bodily harm.

Question 7

DPP v Smith 2006

Answer 7

D cut off a girl’s ponytail.
HELD: enough for ABH - hair is an extension of the body.

Question 8

What is the mens rea?

Answer 8

-same as assault or battery
“D must have intended to cause the V to apprehend immediate and unlawful force OR must have seen the risk that such apprehension would be created”

Question 9

R v Roberts 1978

Answer 9

Escaped from a car because a man touched her.
- mens rea for battery was sufficient

Question 10

R v Savage 1991

Answer 10

Beer was thrown over a woman in a pub/glass slipped - intended the force

Question 11

R v Parmenter 1992

Answer 11

Handled child roughly/ broken arm and leg
-only had to show that he foresaw the application of unlawful force