ABH- Actual Bodily Harm

Question 1

ABH Definition

Answer 1

S.47 Offences Against the Persons Act 1861
‘Common assault occasioning actual bodily harm’

Question 2

Actus Rea

Answer 2

Common Assault (Assault or battery)
Which occasions (causation)
Actual bodily harm injuries

Question 3

ABH Stage 1

Answer 3

The D must commit a ‘common assault’
Only out line the Actus Rea

Question 4

ABH Stage 2

Answer 4

Causation Issue cases

BLAUE
CHESHIRE
HOLLAND
M/S
PADGETT
ROBERTS

Question 5

ABH Stage 2 legal causation

Answer 5

KIMSEY
‘More than a slight or trifling link’

Question 6

ABH Stage 2 Factual Causation

Answer 6

WHITE
‘But for’

Question 7

AHB Stage 3

Answer 7

Actual Bodily Harm
Any hurt or injury calculated to affect the health and comfort of the v, but it has to be more than trifling
MILLER
The injury should not be so trivial as to be wholly insignificant
CHAN FOOK

Question 8

ABH Stage 3 Injury List

Answer 8

Multiple Brusing
Loss of teeth
Temporarily loss of sensory function
Broken bones
Minor cuts requiring medical treatment
Psychiatric injury- CHAN FOOK
Cutting off V’s hair- SMITH
Loss of consciousness- T V DPP

Question 9

ABH
MENS REA

Answer 9

You only need the MR for A or B

Assault- to cause the v to apprehend immediate unlawful force
Battery- to inflict unlawful force on the v
VENNA