Non-fatal offences - S.47 OAPA

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  • Created on: 17-04-13 23:17
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  • Offence Against the Persons Act 1861 - s.47 ABH
    • Donovan (1934) - Held s.47 bore its original meaning 'any hurt/injury' + interfered with 'health or comfort '
      • had to be ore than 'merely transient or trifling = deliberately broad
        • E.g. Bruises, scratches
    • Actus Reus
      • Necessary to prove that there was an assault or battery = Actual bodily harm
        • 'Actual Bodily harm' = any hurt/injury calculated to interfere with the health or comfort of V.
          • Came from  - R v Miller (1954)
          • T v DPP (2003) - loss of conciousness(even momentarily) = held as ABH
          • E.g. Bruises, scratches
          • DPP v Smith  (Michael) (2006) - held that cutting V's hair can amount to ABH
            • Physical pain was not a necessary                ingredient of ABH,  - 'attribute and part of the human body'
          • Psychiatric injury also classed as ABH
            • Came from -   R v Chan Fook  (1994)
              • However, does not included 'mere emotions such as fear, distress or panic - nor states of mind that are not themselves evidence of some identifiable conditions
                • decision approved by HoL -  Burstow (1997) - bodily harm in ss 18,20,47 OAPA 1861 must be interpreted as so to include psychiatric illnesses
    • Mens Rea
      • section in OAPA 1861 - no reference to 'mens rea'
      • Courts held that 'mens rea' is that of common assault i.e assault and battery
        • Roberts (1971) - girld jumps from moving car due to fear of greater serious injury from D. -
          • Roberts (1971) - Decision held by HoL in cases of          R v Savage (1991) and     R v Parmenter (1991)
          • jury directed to convict provided that V's injuries were the natural consequence of D's conduct  - in that it could not have been reasonably forseen
    • It is a triable either way offence
      • 'who so ever shall be convicted of ABH shall be liable.... to imprisonment for 5 years
    • Definition of  s.47 ABH
      • 'An assault or battery which causes actual bodily harm, with the intention to cause V. to fear unlawful forces , or to subject unlawful force, or to be subjectively reckless as to whether V. fears or is subjected to unlawful force

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