S47 ABH mindmap LAW 03

  • Created by: abic1
  • Created on: 23-02-18 22:33
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  • ACTUAL BODILY HARM
    • S47 Offences Against the Person Act 1861
    • maximum sentence: 5 years prison
    • there must be an assault or battery resulting in some harm
    • actus reus: must be an assault or battery, which occasioned ABH, resulting in some harm
      • must be an assault or battery
        • Assault
          • actus reus: cause the victim to apprehend immediate unlawful violence
        • Battery
          • actus reus: application of unlawful force
        • actus reus can be committed indirectly  DPP v K
        • psychiatric condition = ABH IRELAND
        • loss of conscious = ABH T v DPP
        • cutting substantial amount of hair = ABH MICHAEL SMITH
      • which occasioned ABH
        • establish causation with factual and legal tests
        • indirectly inflicted injuries = liable ROBERTS
      • must have caused some harm
        • "any hurt or injury to interfere with the health or comfort of the victim" MILLER
        • "harm not so trivial to be insignificant" CHAN FOOK
    • mens rea: intention or reckless to cause an assault or battery
      • mens rea for assault or battery is sufficient
      • intended or was reckless to cause an assault or battery
        • does not have to intend or be aware of a risk to any actual harm
        • defendant only needs mens rea for assault or battery to establish mens rea for ABH SAVAGE

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