ABH Flashcards
What is ABH defined as?
ABH is defined under S.47 Offences Against the Persons Act 1861 as ‘A common assault that occasions actual bodily harm’.
What are the three parts of the ACTUS REUS of ABH?
1) The D must have committed a common assault (assault or battery).
This includes identifying whether an assault or battery MAY have been committed.
How is Assault defined?
Assault is defined as ‘An act which causes V to apprehend immediate unlawful force’ (Lord Goff - Collins v Wilcock).
What can constitute an assault?
Assault can include acts and written words (Ireland + Constanza).
What is required for apprehension in assault?
Apprehension must be established (Lamb) and can include jokes (Logden).
What constitutes an immediate threat of force?
An immediate threat of force can be established (Smith), and words may cancel an assault (Tuberville v Savage).
How is Battery defined?
Battery is defined as ‘Infliction of unlawful force’ (Lord Goff - Collins v Wilcock).
What actions can constitute Battery?
Battery can include touching (Collins v Wilcock), clothing (Thomas), and indirect touching (Martin).
What is unlawful touching in Battery?
Unlawful touching is established (Wilson v Pringle).
What must the assault/battery have occasioned?
The assault/battery must have OCCASIONED (caused) the injuries.
What must be established regarding the victim’s injuries?
The V must have ABH injuries, defined as ‘any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling’ (Miller).
What are examples of ABH injuries?
Examples of ABH injuries:
* Extensive/ multiple bruising
* Temporary loss of sensory function
* Psychiatric injury- mild or temporary (Ireland / Burstow)
* Broken nose, toes, fingers, or a hair line fracture of another bone
* Temporary loss of consciousness (fainting) - T v DPP
* Cutting the V’s hair (Smith)
* Minor cuts requiring medical treatment
* Chipped/ loss of a tooth
What is the mens rea for ABH?
Only the mens rea for assault or battery is needed (Savage).
What is the mens rea for Assault?
The mens rea for Assault is intention or recklessness to do an act which causes the V to apprehend immediate unlawful force (Venna).
What is the mens rea for Battery?
The mens rea for Battery is intention or recklessness to inflict unlawful force on the V (Venna).
