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S.45 Assault/battery occasioning actual bodily harm (Definition of assault…
S.45 Assault/battery occasioning actual bodily harm
Definition of assault occasioning ABH
Assault or battery which causes ABH
With intention of subjecting victim to unlawful force
Being subjectively reckless as to whether the victim fears or is subject to unlawful force
Must be done with intention of causing the victim to fear unlawful force
Actus Reus
Definition
bruising, grazes and scratches all come under this
physical pain not important for ABH
substantial amount of hair must be cut for ABH
DPP V Smith (Michael) 2006
held that cutting hair is also seen as ABH
ABH is 'any hurt or injury calculated to interfere with health or comfort of victim'
Miller 1954
T V DPP 2003
Loss of conscienceness, even for a moment is held to be ABH
Psychiatric injury
Does include 'mere emotions such as fear distress or panic'
doesn't include 'state of mind which are not themselves evidence of some unidentifiable clinical condition'
R V Burstow (1997)
interpreted to include recognizable psychiatric illness
R V Chan Fook (1994)
Mens Rea
no reference for mens rea
essential element is assault or battery
courts have it held that mens rea for underlying assault or battery is enough
mens rea is intention or recklessness to apply unlawful force someone or recklessness to whether unlawful force is applied
intention or recklessness to make victim apprehend fear of immediate unlawful force