ABH stands for…
Assault occasioning bodily harm
ABH is defined in…
> S47 of The Offences Against The Persons Act 1861
Actus reus
> Either and assault or battery which causes ABH to another person
AR of assault
Intentionally or recklessly causing the victim to apprehend force immediately.
DPP v Smith 2006
> Cutting of a substantial amount of hair can amount to ABH.
AR of battery
> Intentionally or recklessly applying unlawful force
ABH main case study
> R v Chan-Fook 1994
1) Injury does not have to be permanent.
2) Psychological harm can be ABH.
3) Mere emotions does not count as ABH.
4) Injury cannot be so trivial as to be wholly insignificant.
T v DPP 2003
> Short loss of consciousness can be ABH.
Legal Causation
> R v Smith
- Operative and Substantial test.
- If D is a significant cause to Vs consequence.
Factual causation
> R v Pagett
- But for test.
New intervening acts
> Unreasonable and Unforeseeable
- PALPABLY wrong
-Acts of God
-Acts of Victim
-Acts of Third party.
Thin skull rule
> R v Blaue
- Hidden vulnerabilities
- You must take your victim as you find them.
- Do not break chain of causation.
Mens rea
> R v Savage 1991
-D does not need to intend/ be reckless as to causing injury to V, they just need the mens rea for assault/ battery.
MR battery
> Intentionally or recklessly applying unlawful force.
MR assault
> Intentionally or recklessly causing the victims apprehension.
