ABH

Cards (10)

  • S47 - OAPA 1861 - 5 years imprisonment.
  • Definition - link to Ao2 and how it is either an Assault/ Battery
  • Assault / Battery must cause ABH - Must be factual and legal cause of the ABH ( Roberts )
  • Assault / Battery leading to harm must interfere with the health/ comfort of the victim ( Miller )
  • Actual means not so trivial as to be insignificant
    Bodily harm doesn't need to be skin/ flesh can be psychiatric injury ( Chan Fook )
  • Loss of consciousness ( T v DPP )
  • Cutting a victims hair ( DPP V Smith )
  • can happen through a conintuing act ( Fagan v MPC )
  • Can happen through an indirect act ( DPP v K )
  • Intention or subjective recklessness for the assault / Battery ( Parmenter )