S.47 ABH (OATPA 1861)

Question 1

what act is ABH under?

Answer 1

Offences Against the Person Act 1861

Question 2

definition of ABH?

Answer 2

an assault or battery that occasions actual bodily harm

Question 3

principle from Miller?

Answer 3

any hurt or injury calculated to interfere with health or comfort

Question 4

principle from Chan-Fook?

Answer 4

harm means injury and actual means ‘not so trivial as to be wholly insignificant

bodily harm is not limited to harm to skin, flesh and bones it can include organs, nervous system and brain

includes psychiatric injury but not emotions e.g. fear

Question 5

principle from T v DPP?

Answer 5

the wide definition covers bruises, scratches, broken noses etc.

Question 6

principle from smith?

Answer 6

ABH applies to all parts of body including hair

Question 7

what is the MR of ABH?

Answer 7

intention - Mohan
recklessness - Cunningham

Question 8

principle from Roberts?

Answer 8

D can have the MR and AR from battery that results in ABH so is guilty of s.47 ABH

Question 9

thin skull rule case?

Answer 9

Blaue

Question 10

what causation does ABH require?

Answer 10

factual and legal

Question 11

what is factual causation?

Answer 11

but for test - R v white

Question 12

what is legal causation?

Answer 12

more than minimal cause (kimsey)
no intervening act:
- not seeking medical care (R v dear)
- medical intervention (cheshire/Jordan)
- victims own act (R v Roberts)
- 3rd party (R v pagett)