ABH (actual bodily harm)

Question 1

ABH definition

Answer 1

ABH was first defined in the case of R v Miller is any hurt or injury calculated to interfere with the health or comfort of the victim

Question 2

Actus Reus of ABH (s.47)

Answer 2

1. Assault
   2.Occasioning
   3.Actucal Bodily Harm

Question 3

Assault

Answer 3

A common assault must have happens this means that the ABH occurred to an assault or battery being initially committed

Question 4

occasioning

Answer 4

this is causation

factual causation is the defendant the factual cause of the abh this is tested using the but for test but for the actions of the defendant the consequence would not have occurred this can be seen in the r v pagett where the defendant use girlfriend as a human shield

legal causation- the defendant is more than miniminal cause for the action

Question 5

R v Chanfook

Answer 5

actual bodily harm can include psychiatric harm

Question 6

T v DPP

Answer 6

loss of consciousness can amount to ABH

Question 7

DPP v Smith

Answer 7

psychical pain is not necessary for abh

Question 8

Mens Rea for ABH

Answer 8

it is the mens rea for assault or battery