A2 - Law - Section 47 of OAPA 1861 - ABH

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  • Created by: jkav
  • Created on: 15-06-16 17:31
Assault occasioning actual bodily harm
Assault or battery causing an injury that is more than trivial but less than serious harm.
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Miller (1954)
Actual bodily harm is 'any hurt or injury calculated to interfere with the health or comfort of the victim' that is not 'transient or trifling'.
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Chan Fook (1994)
Psychiatric harm can be deemed actual bodily harm, provided that expert evidence shows that the harm is a symptom of an identifiable clinical condition and not just 'mere emotions'.
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Savage; Parmenter (1991)
House of Lords ruled in this combined appeal that Roberts (1971) was that correct law on s47, confirming the Court of Appeal judgement in Savage (1991) and overruling the Court of Appeal judgement in Parmenter (1991).
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Roberts (1971)
Mens Rea for s47 is the same as for assault and battery; no further requirement to show mens rea in respect of any intention or foresight as to the harm caused.
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JCC v Eisenhower (1994)
Wound must break the continuity of the skin, and internal bleeding is not sufficient.
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Other cards in this set

Card 2

Front

Actual bodily harm is 'any hurt or injury calculated to interfere with the health or comfort of the victim' that is not 'transient or trifling'.

Back

Miller (1954)

Card 3

Front

Psychiatric harm can be deemed actual bodily harm, provided that expert evidence shows that the harm is a symptom of an identifiable clinical condition and not just 'mere emotions'.

Back

Preview of the back of card 3

Card 4

Front

House of Lords ruled in this combined appeal that Roberts (1971) was that correct law on s47, confirming the Court of Appeal judgement in Savage (1991) and overruling the Court of Appeal judgement in Parmenter (1991).

Back

Preview of the back of card 4

Card 5

Front

Mens Rea for s47 is the same as for assault and battery; no further requirement to show mens rea in respect of any intention or foresight as to the harm caused.

Back

Preview of the back of card 5
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