8972779
Description
ABH
- Actus Reus
- Assault or Battery
- Assault- Causing V to apprehend immediate unlawful force
- Battery- Applying unlawful force on/to another person
- Assault- Causing V to apprehend immediate unlawful force
- Must cause the injury
- Factual Causation, but
for - R v Pagett
- Legal Causation, operative and subsantial cause-
R v Smith
- Factual Causation, but
for - R v Pagett
- 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
- Harm cannot be so trivial as to be wholly insignificant
- Psychiatric harm can be ABH
- 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
- R v Smith
- D cut off his girlfriends pony tail off
- Cutting off a person's hair without his/her consent
can amount to ABH
- D cut off his girlfriends pony tail off
- T v DPP
- V was chased by D. V fell and was kicked in the head and v briefly blacked out
- Even a very short loss of consciousness can amount to ABH
- V was chased by D. V fell and was kicked in the head and v briefly blacked out
- R v Chan Fook
- Assault or Battery
- Mens Rea
- The same as the mens rea for assault or battery
- Assault- Intention or recklessness to cause V to apprehend immediate unlawful force
- Battery- Intention or recklessness to apply unlawful force
- Assault- Intention or recklessness to cause V to apprehend immediate unlawful force
- No additional mens rea is needed for ABH itself
- R v Savage
- D aimed to throw the contents of glass over v but accidentally allowed the
glass to slip causing injury to v
- D does not need to intend/ be reckless as to causing injury to v
- D aimed to throw the contents of glass over v but accidentally allowed the
glass to slip causing injury to v
- R v Savage
- The same as the mens rea for assault or battery
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