ACTUAL BODILY HARM (ABH)

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Created by
Isha

Cards (7)

  • Actus Reus: Putting another in fear of immediate and unlawful personal violence OR the application of ulawful personal violence which also causes actual bodily harm
  • Mens Rea: Intention to put another in fear of immediate and unlawful personal violence OR intention to apply unlawful personal violence OR subjective recklessness in doing so
  • The sentence for ABH is up to 5 years imprisonment
  • CHAN FOOK (1994) - V was locked up and suffered psychiatric injury. Bodily harm also includes nervous system and brain.
  • SMITH (2006) - D cut off his former partners pony tail. ABH is not limited to injury, it extends to hurt and damage
  • ROBERTS (1971) - V jumped out of a moving car because D was touching her. D was liable for subsequent injuries as he had mens rea for battery
  • SAVAGE (1991) - Wanted to throw beer but glass slipped and cut V. Mens Rea for battery sufficient for actual bodily harm.