ABH model ao1 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: __JessCreated on: 19-02-23 16:54 ABH is defined in... Section 47 of the OAPA 1861 1 of 17 Actus reus Assault or battery which occasions actual bodily harm 2 of 17 Assault or battery All of the elements of either assault or battery must be present 3 of 17 Lawful reasons Self-defence or crime prevention 4 of 17 The victim cannot consent to ABH (case) AG's Reference No6 of 1980 5 of 17 Actual bodily harm (definition) Any hurt or injury which interferes with the health and comfort of the victim 6 of 17 Actual bodily harm (case) R v Miller 7 of 17 Bodily harm can include psychiatric injury (case) R v Chan Fook 8 of 17 Cutting of the victim's hair can amount to ABH (case) DPP v Smith 9 of 17 Occasions Legal and factual causation must be considered 10 of 17 Legal causation (definition) The defendant's act must be more than a minimal cause of the harm, and there must be no novus actus interveniens 11 of 17 Legal causation (case) R v Pagett 12 of 17 Factual causation (definition) But for the actions of the defendant, would the harm still have occurred? 13 of 17 Factual causation (case) R v White 14 of 17 Mens rea Intent or recklessness as to the assault or battery 15 of 17 Subjective recklessness (definition) When the defendant is aware of the risk but takes it anyway 16 of 17 Subjective recklessness (case) R v Cunningham 17 of 17
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