ABH

Question 1

which act?

Answer 1

s.47 OAPA 1861

Question 2

ABH definition under s.47

Answer 2

an assault or battery that causes actual bodily harm, with the intention or recklessness as to cause that common assault

Question 3

Elements of ABH

Answer 3

1. Common assault
2. Occasioning
3. ABH

Question 4

1. Common Assault

Answer 4

Act must have been an assult or battery

eg. R V misalti
eg. Colins V wilcoks

Question 5

2. Ocassioning
   (causation)

Answer 5

Normal Causation rules apply

Factual
Legal
Intervening act (actus novus intervenes)
V’s own Act
Thin-skull
break in chain of causation

Question 6

3. ABH

Answer 6

the differentiation between common assualt and ABH is the injury that it causes;

“any hurt or injury that intervenes with the health or comfort of the V”
(R V Miller)

“actual” means more than trivial but less than serious
“bodily” is not limited to harm to skin, flesh and bones - Pshychiatric injury can be ABH
(R V Chanfook)

Loss of conciouness, even momentarily, held ABH
(T V DPP)

Physical pain isnt necessary - Cutting hair held ABH
(DPP V Smith)

Question 7

Miller

Answer 7

any hurt or injury that interferes with the health or comfort of the v = ABH

Question 8

Chanfook

Answer 8

Injury must be more tha trivial but less than serious for ABH
“bodily” isnt limited to flesh, skin and bones - Psychiatric injury ABH

Question 9

T v DPP

Answer 9

Loss of conscience, even momentarily can be ABH

D and group chases down V who fell to the ground, was kicked, loosing conciousness

Question 10

DPP V Smith

Answer 10

D had argument with gf, cut off her ponytail
- Cutting off substantial amount of hair without consent = ABH

Question 10

MR of Battery

Answer 10

Same as the underlying offence
if the common assult was batter = intention or recklessness to cause the V to apprhend serious unlawful act

MEANS D DOESN’T NEED TO HAVE INTENTION OR RECKLESSNESS AS TO THE ABH ITSELF

R V roberts
R V savage

Question 11

R V Roberts

Answer 11

Taking coat off, V feared sexual advances so jumped from car going 30mph, sustaing minor injuries

Question 12

R V Savage

Answer 12

D threw beer over V’s head, nut glass slipped cutting V’s hand
(only intended assult/battery but injuries sufficient for ABH)