Law - Non Fatals - ABH

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1. What happened in Ireland 1997?

  • 15 year old put acid into hand and face dryer. V used the dryer (battery), his face was permanently scarred (some harm-indirect)
  • A recognised psychiatric condition could be classed as ABH
  • Cutting a substantial amount of hair could be ABH
  • V covered his head with his arms and was kicked (battery). He momentarily lost consciousness (some harm)
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2. What was said in Miller?

  • 'D only needs MR for A or B to establish the MR for a S.47 offence'
  • 'Any hurt or injury calculated to interfere with the health or comfort of the victim'
  • 'The injury should not be so trivial as to be insignificant'

3. What is AR 1?

  • Must have some actual bodily harm
  • Must have an assault or battery
  • Assault or battery must have occasioned the ABH

4. What happened in DPP v Smith (Michael) 2006?

  • V covered his head with his arms and was kicked (battery). He momentarily lost consciousness (some harm)
  • D did not directly inflict the injuries but he was responsible - was a substantial cause of harm
  • Cutting a substantial amount of hair could be ABH
  • A recognised psychiatric condition could be classed as ABH

5. What is AR 2?

  • Assault or battery must have occasioned the ABH
  • Must have some actual bodily harm
  • Must have an assault or battery

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