ABH (s.47)

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8 Terms

1
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What is ABH charged under?

The Offences Against the Person Act 1861 - s47

2
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What is the actus reus for ABH?

the initial assault or battery causing an injury

3
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What is abh defined as, and what case defines it? (1)

Actual bodily harm means more than trivial but less than serious harm-Chan Fook

4
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What is an injury defined as, and what case defines it? (2)

injury calculated to interfere with the victim’s health or comfort- Miller

5
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What does DPP v Smith state is an injury?

cutting hair - any type of hurt or damage.

6
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What does Chan Fook state?

It can be psychiatric but must be beyond mere emotion

7
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Injury can be caused indirectly - case?

DPP v K V suffered burns when chemicals placed in a hand drier sprayed onto their face.

8
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What is the necessary mens rea for ABH? (give a case)

D only needs to have the mens rea for the initial common assault . D need not intend or be reckless as to the harm V suffers (R v Roberts)