Non-fatal offences - S.47 OAPA
- Created by: Dom
- Created on: 17-04-13 23:17
View mindmap
- 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
- had to be ore than 'merely transient or trifling = deliberately broad
- Actus Reus
- Nece**ary to prove that there was an a**ault 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) - lo** of conciousne**(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 nece**ary ingredient of ABH, - 'attribute and part of the human body'
- Psychiatric injury also cla**ed as ABH
- Came from - R v Chan Fook (1994)
- However, does not included 'mere emotions such as fear, distre** or panic - nor states of mind that are not themselves evidence of some identifiable conditions
- decision approved by HoL - Burstow (1997) - bodily harm in ** 18,20,47 OAPA 1861 must be interpreted as so to include psychiatric illne**es
- However, does not included 'mere emotions such as fear, distre** or panic - nor states of mind that are not themselves evidence of some identifiable conditions
- Came from - R v Chan Fook (1994)
- 'Actual Bodily harm' = any hurt/injury calculated to interfere with the health or comfort of V.
- Nece**ary to prove that there was an a**ault or battery = Actual bodily harm
- Mens Rea
- section in OAPA 1861 - no reference to 'mens rea'
- Courts held that 'mens rea' is that of common a**ault i.e a**ault 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
- Roberts (1971) - girld jumps from moving car due to fear of greater serious injury from D. -
- 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 a**ault 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 reckle** as to whether V. fears or is subjected to unlawful force
- Donovan (1934) - Held s.47 bore its original meaning 'any hurt/injury' + interfered with 'health or comfort '
Comments
No comments have yet been made