ABH

Question 1

definition

Answer 1

S47 offences against the persons act 1861 - a common assault that occasions in actual bodily harm

Question 2

actus reus 3 parts

Answer 2

1) d must have committed an assault or a battery
- define + side rules

Question 3

part 2

Answer 3

the common assault must have occasioned in the injuries meaning it must have caused them
- Factual/legal OR causation issues

Question 4

part 3

Answer 4

the v must have ABH injuries
miller “any hurt or injury calculated to interfere with the health and the comfort of the v must be more than trifling”
chan fook “must not be so trivial, as to he wholly significant”

Question 5

examples

Answer 5

temp loss of consciousness ( T v DPP)
cutting vs hair (smith)
PI, mild or temp (Ireland/Burstow)
minor cuts req medical treatment
broken nose, toes, fingers
chipped/loss tooth

Question 6

men’s rea

Answer 6

only men’s rea for assault or battery is needed (Savage)
transfered malice (latimer) (pembilton) or coincidence rule