non fatal offences- ABH

Question 1

definition of ABH

Answer 1

assault or battery which causes actual bodily harm with intent to cause the victim to fear unlawful force

Question 1

what statute is relevant

Answer 1

section 47 offences against the person act-
assault or battery plus harm

Question 2

what elements of actus reus are needed to prove D is guilty

Answer 2

an assault
or
battery
causing
actual bodily harm

Question 3

what elements of mens rea are needed to prove D is guilty

Answer 3

intention
OR
subjective recklessness
(to cause the victim to fear unlawful force or be subjected to unlawful force)

Question 4

assault or battery and causing (not a flashcard)

Answer 4

same as everything on other flashcard packs, usual rules of causation apply

Question 5

How did R v Miller define harm

Answer 5

any hurt or injury that interferes with the health and comfort of the victim

Question 6

what injuries does R v Miller include

Answer 6

scratches, bruises, abrasions, swelling, loss or broken teeth, minor broken toes

Question 7

T v DPP

Answer 7

any loss of consciousness
however short this will be classed as harm for purpose of ABH

Question 8

DPP v Smith

Answer 8

cutting hair with out consent classed as harm for purpose of ABH-

Question 9

R v Chan Fook

Answer 9

psychological harm such as PTSD is ABH

Question 10

mens rea

Answer 10

intention to cause v to fear unlawful force or be subjected to force OR subjective recklessness as to whether v fears or is subjected to force

Question 11

what cases can help prove this

Answer 11

R v Roberts
R v Savage

Question 12

what was the outcome in R v Roberts

Answer 12

he intended the assault and thats enough

Question 13

what was the outcome in R v Savage

Answer 13

D was guilty as intending battery was enough

Question 14

what case defined harm

Answer 14

r v miller