ABH

Seite 1

Actus Reus- It is either an assault or a battery which causes ABH to another person

1. Assault or Battery

Assault- Causing V to apprehend immediate unlawful force

Battery- Applying unlawful force on/to another person

2. Must cause the injury

Factual causation- 'But for' ~ R v Pagett, R v White

Legal causation- 'Operative and Substantial' ~ R v Smith

3. Actual Bodily Harm

R v Chan Fook- D subjected v to questioning and locked him in a room. V feared D's return and injured himself when he fell trying to escape

Legal Principle- Harm cannot be so trivial as to be wholly insignificant. Psychiatric harm can be ABH

R v Smith- D cut off v's pony tail

Legal Principle- Cutting off a person's hair without his/ her consent can amount to ABH

T v DPP- V was chased by D. V feel and was kicked in the head. V briefly blacked out

Legal Principle - Even a very short loss of consciousness can amount to ABH

Seite 2

Mens Rea- The same as the mens rea for assault or battery

There s no additional mens rea needed for the ABH itself

R v Savage- D aimed to throw contents of glass over v but accidentally allowed the glass to slip causing injury to v

Legal Principle- D does not need to intend/ be reckless as to causing injury to V

Assault- Intention or recklessness to cause v to apprehend immediate unlawful force

Battery- Intention or recklessness to apply unlawful force