ABH Flashcards
What act is ABH defined under
Offences against a persons act 1861
What is ABH defined as
A common assault that occasions actual bodily harm
What is part 1 of the actual Reus for ABH
the D must have commuted a common assault (assault or batter)
Which case defines both battery and adult
Lord Goff in Collins v wilcock
What is assault defined as
An act- Ireland
Apprehend- lamb
Immediate threat of force- smith
What are the side rules for assult
Words- Constanza
Jokes- logden
Worded cancel assult- tuberville v savage
What is battery defined as
Infliction of unlawful force
What are the cases in battery
Touching- Collins v wilcock
Unlawful force- wilson v Pringle
What are the side rules for touching
Clothing- Thomas
Indirect- Martin
What is stage 2
The assault/battery must have occasioned the injuries (causation issues)
What is stage 3
The v must have ABH injuries
What does the case miller say
Any injuries calculated to interfere with the health of a v but must be more than trifling
What does chan fook say
Must not be so trivial as to be wholly insignificant
What does the case savage say
Only the mens rea is needed
Assult mens rea
Intention or recklessness to cause the v to apprehend immediate unlawful force
(Mohan) (Cunningham) (Vienna)
