ABH

Question 1

where is ABH contained in the law?

Answer 1

S47 of the offences against the person act 1861

Question 2

what sort of offence is ABH

Answer 2

Triable-either-way

Question 3

What is the max sentence for ABH?

Answer 3

5 years

Question 4

what courts can ABH be seen in?

Answer 4

Magistrates or crown court

Question 5

What is the actus reus of ABH?

Answer 5

Assault/battery occasioning ABH

Question 6

what is a case where ABH was defined?

Answer 6

Miller

Question 7

what was defined in the case of Miller?

Answer 7

any hurt or injury calculated to interfere with the health or comfort of the victim.

Question 8

what is the mens rea of ABH?

Answer 8

Intention or recklessness as to the assault or battery

Question 9

what do you need to establish when trying to prove ABH?

Answer 9

that an assault/battery caused the ABH

Question 10

what does ABH stand for?

Answer 10

actual bodily harm
internal, fractures and bruising

Question 11

what is a case example for cutting hair that counts as ABH?

Answer 11

R v Smith

Question 12

what is a case example for psychiatric harm that counts as ABH?

Answer 12

R v Chang fook
must be recognised

Question 13

In an ABH question what else do you need to prove?

Answer 13

legal and factual causation

Question 14

What sort of harm must be caused?

Answer 14

more than trivial but less than serious

Question 15

what is a case for D does not have to intend the harm?

Answer 15

savage (glass throwing)

Question 16

what case is for brief unconsciousness?

Answer 16

the case of TEE?

Question 17

case for intention?

Answer 17

Mohan (desire to bring about the prohibited consequence)

Question 18

case for recklessness?

Answer 18

Cunningham

Question 19

In an ABH question what else do you need to prove?

Answer 19

legal and factual causation