ABH (actual bodily harm)

Question 1

What section is ABH contained in?

Answer 1

S.47 Offences Against the Persons Act.

Question 2

What’s the AR for ABH?

Answer 2

1. Assault or Battery
2. Occasioning
3. Actual Bodily Harm

Question 3

What’s the MR for ABH?

Answer 3

Intention or Recklessness as to cause the V to apprehend unlawful force or apply unlawful force.

Question 4

What’s the case and principle for factual causation?

Answer 4

R v Pagett
‘But for’ test

Question 5

What’s the case and principle for legal causation?

Answer 5

R v Cheshire
Substantial and operating cause.

Question 6

What are the 3 Novus Actus Interveniens?

Answer 6

1. 3rd party intervention
2. Victim’s Own Act
3. Natural and unpredictable events

Question 7

What’s the case for 3rd party intervention and its principle?

Answer 7

R v Cheshire/Jordan/Smith
So independent and in itself so serious that it renders D’s act insignificant.

Question 8

What’s the case and principle for Victim’s Own Act?

Answer 8

R v Roberts/Williams
Daftness test

Question 9

What’s the Thin Skull Rule and what case does it come from?

Answer 9

R v Blaue
Take the victim as you find them.

Question 10

What’s the principle from R v Miller?

Answer 10

Any hurt or injury calculated to interfere with the health and comfort of the V.

Question 11

What’s the principle from R v Chan Fook?

Answer 11

Need not be permanent, must be more than transient and trivial. Includes psychiatric harm.

Question 12

What’s the principle from R v T?

Answer 12

Loss of consciousness, even momentarily.

Question 13

What’s the principle from R v Savage?

Answer 13

Only required to prove the MR of the initial assault or battery.