Actual bodily harm Flashcards
(9 cards)
1
Q
What is a common assault
A
Must be an assault or a battery present
2
Q
What does Occasioning mean
A
Causation for common assault is present
3
Q
Factual causation + case
A
‘but for’ test
(White)
4
Q
Legal Causation + case
A
D contributed to harm in more than minimal way
(Smith)
5
Q
What does ABH mean
A
More than trivial but less that serious harm ( chan fook )
Injury interfered with V health or comfort (Miller)
6
Q
A
7
Q
Can it be psychiatric injury
A
Yes but more than mere emotion (chan fook)
8
Q
Can it be indirect + case
A
Yes (DPP v K)
9
Q
Men’s rea for ABH
A
D only needs men’s rea for the initial common assault (Roberts)
