ABH

INCLUDES ABH SECTION AND CASES REGARDING ABH

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Actual Bodily Harm (ABH)
Section 47 (O.A.P.A ­ Offences against person Act) 1861
T V DPP
Loss of consciousness can be ABH
V fell to the ground & kicked by D
V lost consciousness
Must be more serious injury than a bruise
Chanfook
ABH can include psychiatric harm
Must be an identifiable condition
Distress & panic not enough
V was roughly questioned by D
D also locked her in a room after suspecting her of theft
V was hysterical, this is not enough for ABH
Got assault & battery and not charged with ABH
R V Roberts (legal causation)
Woman trapped in a car
D tried taking her coat off
V jumped out at 40 miles an hour
Held ABH even though D only touched her coat.
Mens Rea for batter enough
R V Savage
D threw beer over V
D's glass smashed & shard injured V
D only intended to throw beer over V
This would be battery
Mens Rea for common assault is enough for Mens Rea for ABH

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