ABH Flashcards
1
Q
The crime of Assault Occasioning Actual Bodily Harm is laid out in what statute?
A
S.47 OFFENCES AGAINST THE PERSONS ACT (OAPA) 1861.
2
Q
What does S.47 require the actus reus and mens rea to be?
A
Must be of assault (where an assault has caused psychiatric injury) or battery (punching V and breaking Vs nose) which causes ABH.
3
Q
What does MILLER state ABH is?
A
ABH is any hurt or injury calculated to interfere with the health or comfort of V.
4
Q
What does CHAN FOOK state about the word ‘actual’?
A
The word actual means the injury should not be so trivial as to be wholly insignificant.
5
Q
What does SAVAGE state about the mens rea of ABH?
A
D does not need to intend or be reckless as to whether ABH is caused to V.
