S47 ABH mindmap LAW 03
- Created by: abic1
- Created on: 23-02-18 22:33
View mindmap
- 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
- Assault
- 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
- must be an assault or battery
- 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
Similar Law resources:
Teacher recommended
Comments
No comments have yet been made