ABH
- Created by: rubysymons31
- Created on: 10-01-22 17:51
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- ABH
- the AR is: assault occasioning (causing) actual bodily harm
- defined in Miller as 'any hurt or injury calculated to interfere with the health and comfort of the victim'
- the injury cannot be trivial or insignificant as confirmed in Chan Fook
- psychiatric harm can also amount to ABH if it is 'more than mere emotions such as fear, distress or panic' - Chan Fook-
- also seen in R v Ireland - silent phone calls-
- psychiatric harm can also amount to ABH if it is 'more than mere emotions such as fear, distress or panic' - Chan Fook-
- ABH can include the cutting of hair - DDP v Smith - and temporary loss of consciousness - T v DDP-
- the MR is: intention or recklessness to the initial assault or battery - R v Savage - defendant does not need intention or recklessness, only the MR of assault or battery
- ISAC STRUCTURE
- introduction
- AR of S47
- AR of assault/battery
- causation: but for test(white) and significant contribution (pagget) and intervening acts
- define ABH
- MR of ABH
- MR of assault/battery
- conclusion and sentencing
- MR of assault/battery
- MR of ABH
- define ABH
- causation: but for test(white) and significant contribution (pagget) and intervening acts
- AR of assault/battery
- AR of S47
- introduction
- S47 of the offences against the persons act 1861
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