ABH - NFOAP 0.0 / 5 ? LawActual bodily harm - NFOAPA2/A-levelAQA Created by: TabithaNash16Created on: 27-10-20 12:29 what is the definition of ABH? "it is an offence to commit any assault occasioning actual bodily harm" 1 of 11 What offence is ABH and what is the maximum sentence? It is a triable either way carries a maximum of 5 years imprisonment 2 of 11 What is the actus reus of ABH? assault or battery which causes actual bodily harm 3 of 11 What is the mens rea of ABH? intention to commit the assault or battery reckless as to whether an assault or battery will result 4 of 11 What must be present for it to be ABH? All elements of either assault or battery must be present 5 of 11 What causation must be applied? Factual causation must be applied and legal causation must be relevant 6 of 11 What was the definition of ABH set out in the case of R v Miller 1954? "any hurt or injury calculated to interfere with the comfort of the victim" 7 of 11 What was the definition of ABH set out in the case of R v Chan-fook 1994? "the word 'actual' indicates more than trivial or insignificant harm, although it need not be permenant" 8 of 11 What happened in the case of DPP v Smith 2006 and what was laid out by the courts? girlfriend and boyfriend broke up, she went to his house at 6am and got into an argument, he cut off her pony tail 'bodily harm includes cutting off hair' 9 of 11 What three cases were included in ABH psychiatric injury and what did they suffer? R v Chan-Fook 1994 - mere feelings of fear and panic are not sufficient there must be some clinically proven condition R v Constanza 1997 - caused depression R v Ireland 1998 - caused depression 10 of 11 What is the mens rea in ABH what case was included? intention to commit the assault or battery reckless as to whether as assault or battery will result R v Roberts 1971 11 of 11
Comments
No comments have yet been made