ABH

Question 1

Definition + legislation

Answer 1

~ assault or battery that causes actual bodily harm with intention of recklessness as to the assault or battery
~ S.47 offences against the person act 1861

Question 2

Elements

Answer 2

1) must be a completed assault or battery
2) occasioning
3) abh
4) MR for assault or battery

Question 3

1) completed assault or battery

Answer 3

~ AR + MR for an assault or battery

Question 4

2) occasioning

Answer 4

~ means causing
~ normal rules of causation apply
~ but for test (r v white)
~ no significant IVA that break the COC (own act , 3rd party , natural event)
~ thin skull rule (r v Blaue)

Question 5

3) actual bodily harm

Answer 5

~ any harm that is more than trivial
~ established in R v miller as “any hurt or injury that interferes with the health or comfort of the victim”
~ eg. (T v DPP = temporary loss of consciousness) (DPP v Smith = cutting off hair) ( R v chan-fook = psychiatric harm)

Question 6

4) intention or recklessness for the assault or battery

Answer 6

~ no need to intend or foresee the ABH
~ intent (direct , oblique)
~ recklessness
~d only needs to intend or be reckless to the initial assault or battery , not the resulting ABH (r v savage)

Question 7

Maximum sentence

Answer 7

~ 5 years imprisonment