Actual Bodily Harm

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  • Actual Bodily Harm
    • Any Assault
      • Assault
        • Actus Reus- An act which causes the victim to apprehend immediate and unlawful violence
          • Apprehend
            • Apprehend = Anticipate
              • R V Lamb
          • Immediate
            • Didn't know what the D was going to do next, just that it was of a violent nature
              • Smith v Chief Constable of Woking Police
            • The possibility of an attack, doesn't need to be rational
              • R v Burstow
          • Unlawful
            • Lack of defence e.g no consent
          • Act
            • Can be words or silence
              • Constanza
              • Ireland
              • Words can negate the assault
                • Tuberville v Savage
        • Mens Rea- direct intention or subjective recklessness
          • R v Savage
      • Battery
        • Actus Reus- Application of unlawful physical force on another
          • Ireland; Burstow
          • Application can be direct or indirect
            • R v Martin; DPP v K; Haystead
          • Any touching, however slight can amount to battery
            • Cannot be unavoidable everyday touching
              • Collins v Wilcock
          • Touching a persons clothes is amount to touching the person
            • R v Thomas
          • Can be through omission but only if there is DUTY to act
            • Santana- Bermudez
          • Hostility is necessary but if act unlawful then it is hostile
            • Brown and others
        • Mens Rea- direct intention or subjective recklessness
          • Venna
      • S.39 of the Criminal Justice Act 1988
    • Definition
      • Whosoever is convicted on indictment of any assault occasioning actual bodily harm shall be liable to not more than 5 years
    • s.47 of the Offences against the person act 1861
    • Harm
      • Level of Harm
        • Some harm; physical or psychological
        • Physical
          • Miller- any hurt or injury calculated to interfere with the health or comfort of the victim
        • Psychological
          • Chan Fook- mere emotions such as panic, fear and distress will not suffice
    • Occasioning
      • Apply causation cases UNLESS there is direct contact
    • Mens Rea
      • Direct intention or subjective recklessness
        • Savage; Parmenter


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