Apuntes
ABH
Contenido del apunte (2)
Página 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
Página 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
Información
- Descripción
- Summary of the law of Actual Bodily Harm
- Creado por
- Yasmine King · may 2017
- Actualizado
- 19 may 2017
- Visitas
- 69
- Etiquetas
- Valoración