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Slide 1

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S.47 Offences Against the Person
Act 1861…read more

Slide 2

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· "Whosoever shall be convicted of any assault
occasioning actual bodily harm shall be liable
to imprisonment for five years"
· The offence of ABH is set out in S.47 OAPA
1861. It involves both assault and battery
where `actual' harm is caused.
· Triable either way offence with maximum
sentence of 5 years imprisonment.…read more

Slide 3

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· Assault or battery- under s.47 the actus reus is
the same as that of assault (cause the victim
to apprehend immediate unlawful personal
violence)/ battery (infliction of unlawful
· Which causes- rules on causation applies
(requires factual and legal)
· Actual Bodily harm…read more

Slide 4

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Actual Bodily Harm
· In the case of Miller it was established what
exactly is meant by ABH:
`actual bodily harm is any hurt or injury
calculated to interfere with the health or the
comfort of the victim'…read more

Slide 5

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Loss of consciousness
· T v DPP (2003)- D and group of other youths
chased the V. V fell to the ground and saw the
D coming towards him. The V although having
his head covered with his hands got kicked
and momentarily lost consciousness forgetting
what had happened until being woken by
· In this cases it was held that loss of
consciousness fell within the meaning of ABH.…read more

Slide 6

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`Bodily harm'
· Bodily harm includes psychiatric injury.
· This was decided in the case of Chan Fook- D
believed the V had stolen a ring belonging to
his fiancé. He dragged the victim upstairs and
locked him in the room. V tried to escape but
was injured and fell to the ground. D
convicted under s.47 and on trial it was held
that V had suffered trauma before the fall and
this amounted to ABH.…read more

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