ABH model ao1

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  • Created by: __Jess
  • Created on: 19-02-23 16:54
ABH is defined in...
Section 47 of the OAPA 1861
1 of 17
Actus reus
Assault or battery which occasions actual bodily harm
2 of 17
Assault or battery
All of the elements of either assault or battery must be present
3 of 17
Lawful reasons
Self-defence or crime prevention
4 of 17
The victim cannot consent to ABH (case)
AG's Reference No6 of 1980
5 of 17
Actual bodily harm (definition)
Any hurt or injury which interferes with the health and comfort of the victim
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Actual bodily harm (case)
R v Miller
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Bodily harm can include psychiatric injury (case)
R v Chan Fook
8 of 17
Cutting of the victim's hair can amount to ABH (case)
DPP v Smith
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Occasions
Legal and factual causation must be considered
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Legal causation (definition)
The defendant's act must be more than a minimal cause of the harm, and there must be no novus actus interveniens
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Legal causation (case)
R v Pagett
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Factual causation (definition)
But for the actions of the defendant, would the harm still have occurred?
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Factual causation (case)
R v White
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Mens rea
Intent or recklessness as to the assault or battery
15 of 17
Subjective recklessness (definition)
When the defendant is aware of the risk but takes it anyway
16 of 17
Subjective recklessness (case)
R v Cunningham
17 of 17

Other cards in this set

Card 2

Front

Assault or battery which occasions actual bodily harm

Back

Actus reus

Card 3

Front

All of the elements of either assault or battery must be present

Back

Preview of the back of card 3

Card 4

Front

Self-defence or crime prevention

Back

Preview of the back of card 4

Card 5

Front

AG's Reference No6 of 1980

Back

Preview of the back of card 5
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