ABH case cards/statutes

• R v Miller 1954 defines ABH as:

  Any harm or injury that interferes with the health or comfort of the victim Abh looks at small injuries eg a black eye - injury is ‘more than merely transient or trifling’
• R v Chanfook 1994

  • psychiatric injury is classed as ABH if it’s more than minimal but less than trivial
• R v Ireland

  • There must be an assault/battery causing ABH
  • Here, V suffered from psychiatric illness as a result of silent phone calls
• R v Pagett

  • But for test
  • But for D’s acts, his gf wouldn’t have died from being used as human shield
• R v Kimsey

  • More than a slight or trifling link
• R v Blaue

  • thin skull rule- take V as D finds him
  • V refused to take blood transfusion for religious reasons — (characteristic issue)
• R v Hayward

  • thin skull rule
  • D liable for wifes death even tho he didn’t know abt thyroid condition when he yelled at her(physical weakness issue)
• Chain of causation cases

  • Medical negligence- Jordan: antibiotic caused allergic reaction and V died
  • Contributon of others - R v Paget: breaks chain only if it’s not reasonably foreseeable
  • Victims own acts- R v Robert’s ——- ‘daft test’ if Vs acts regarded as daft then chain broken
• T v DPP

  • Loss of consciousness even momentary can be ABH
• DPP v Smith

  • ABH can be to things other than skin
  • Here ABH was for cutting off gf’s ponytail
• MR FOR ABH

  • Robert’s 1971 - does not need mr of intending or recklessly causing ABH, need MR of original assault/battery
• R v Mohan-

  • Direct intent - everything in power to assault/ battery - charged directly as police officer which purpose to knock him down
• R v Cunningham

  • Held: D reckless as realised risk and took it on regardless of outcome —- contrasts Cunningham as R did not realise risk of leaking gas into adjoinign property