ABH

Yasmine King
Note by Yasmine King, updated more than 1 year ago
Yasmine King
Created by Yasmine King over 3 years ago
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Description

Summary of the law of Actual Bodily Harm

Resource summary

Page 1

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

1. Assault or BatteryAssault- Causing V to apprehend immediate unlawful forceBattery- Applying unlawful force on/to another person2. Must cause the injuryFactual causation- 'But for' ~ R v Pagett, R v White Legal causation- 'Operative and Substantial' ~ R v Smith3. Actual Bodily HarmR 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 ABHR v Smith- D cut off v's pony tailLegal Principle- Cutting off a person's hair without his/ her consent can amount to ABHT v DPP- V was chased by D. V feel and was kicked in the head. V briefly blacked outLegal Principle - Even a very short loss of consciousness can amount to ABH

Page 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 vLegal Principle- D does not need to intend/ be reckless as to causing injury to VAssault- Intention or recklessness to cause v to apprehend immediate unlawful forceBattery- Intention or recklessness to apply unlawful force

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