ABH Flashcards
(10 cards)
1
Q
Definition for. ABH
A
an assault or battery which causes actual bodily harm
2
Q
Section for ABH
A
S47 offences against the person act 1861
3
Q
AR for ABH
A
Assault or battery occasioning actual bodily harm
4
Q
R v miller
A
Any hurt or injury calculated to interfere with the health/comfort of the victim
5
Q
R v chanfook
A
Psychiatric harm can amount ABH
6
Q
Mr for ABH
A
Same as assault / battery
7
Q
Strengths of ABH
A
1) includes psychiatric harm
2) no need to intend ABH
8
Q
R v savage
A
Sufficient to only intend assault/ battery (not ABH)
9
Q
Limitations ABH
A
1) mismatch between harm and fault
2) no clear boundaries between assault/battery and ABH
10
Q
Sentencing for ABH
A
Max 5 year imprisonment. Triable either way offence