Law 03 NFO ABH 47

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What are the cases to support the actus reus of AB

Start with either the correct cases for either the assualt or battery and the move on to the cases of ABH: 

Chan Fook - Harm must be more than trvial 

Miller - ABH is any 'hurt or injury' calculated to interfere with health or comfort

Chan Fook - Psychriatic harm can be ABH but not fear, distress or panic 

DPP v Smith - Cutting of someones hair is enough for ABH as hair is part of the body 

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what are the cases to support factual causation in

Pagett - Supporting the 'But For' test and therefore the factual cause 

White - Aggaint the "But For' test and therefore cannot be liable 

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What are the cases to support the legal causation

Smith - Defendant is the overwhelming cause of the harm they are the legal cause

Cheshire - Poor medical treatment will not normally break caustion if D has made a significant factor to the death 

Malcherek - Turning off life support will not break the chain of causation 

Roberts - Foreseeable intervening act will not break the chain of causation

Williams - An unreasonable act will break the chain of caustion 

Cato - If D supplies and injects V it will not break causation 

Kennedy - Self-injection of drugs does break the chain of causation 

Blaue - Particular weakness does not break the chain of causation (Think Skull Rule) 

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What are the cases to support the mens rea of ABH?

Roberts - Confrimed the mens rea for battery is enough ene if the risk of harm wasnt forseen 

Savage - Mens rea of battery when initiated the act but recklessly caused harm (ABH) 

Mohan - States intention is the decision to bring about the state of affairs 

Cunningham - Subjective recklessness is when the defendant recognises the ris but goes ahead anyway 

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What is the case that supports transferred malice

Latimer - Aiming at one person but hitting another is enough to be liable 

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What are the cases to support contemporaneity in A

Fagan - Continuing act AR before MR 

Thabo Meli - Series of events MR before AR 

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