Section 47 ABH

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What does assault in S.47 mean?

Assault or battery

What does occassioning mean?

Cause

What does ABH mean?

Physical or mental including temporary unconsciousness and injury to dead tissue

Why is this confusing?

  • Usually a battery that causes the injury
  • Occassioning = old fashioned term
  • ABH suggests any physical injury

What is the MR of section 47?

Same as assault + battery

Do the actus reus and mens rea correspond?

No - there is no MR required in relation to the injury

Is this fair

  • This "constructive intent" means that D

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