ABH (Non-fatal)

• Defintion

  S.47

  Must be the AR of assault or battery

  Miller: Any hurt or injury to interfere with health or comfort

  Also covers psychiatric injury
• Step 1

  ACTUS REAS

  Was there an assault or battery

  Assault (Ireland)

  Battery (Collins v Willcock)
• Step 2

  Did the assault/battery cause ABH?

  Miller- Injury calculated to interfere with health + comfort

  More than trivial

  Includes psychiatric but not emotions (Cha Fook)
• Step 3

  MENS REA

  Did D have the MR for assault / battery?

  No need to intent or realise risk of injury (Savage)