Non Fatal. Offences - ABH Flashcards
(8 cards)
Act
S47 offences against the person at 1861
Definition
Common assault occasioning actual bodily harm
AR of common assault
Decide if assault of battery is committed
Causation
Factual-but for (R v white)
Legal-more than initial and operating and substantiating cause (R v smith)
Novus actus interveniens
Act of third party (R v Smith)
Medical negligence (R v Cheshire)
Vs own actions (R v Robert’s)
Act of god
Thin skull rule (R v Blaue)
AR of ABH
Any hurt or injury calculated to interfere with Vs health or discomfort (R v Miller)
More than trivial less than serious/can be psychiatric harm (R v Chan Fook)
Can be caused indirectly (DPP v K)
Men’s rea
D only needs to have the MR of the initial common assault
Intention-(Mohan)
Recklessness-(Cunningham)
If applicable
Transferred malice-D can be liable if they have the MR for crime against unintended V-MR will be transferred(R v Latimer/Mitchell) only for the same offence(R v pembilton)
Coincidence rule-1.D did not know they were committing the crime but carried on anyway so the AR wil be continuing until MR is present (fagan v MPC) 2.D had MR but AR appeared later, MR established if same series of events (R v Thabo meli)