Criminal Law - Assault Occassioning Actual Bodily Harm

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  • Created by: Alasdair
  • Created on: 05-11-20 00:34
Relevant legislation for Assault Occassioning Actual Bodily Harm
Offences Against the Person Act 1861, s 47
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Sentence for Offences Against the Person Act 1861, s 47
Maximum of five years' imprisonment and triable either way (i.e. it can be tried in either magistrates' courts or Crown Court).
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Elements of Actus Reus of s 47 of OAPA 1861
An assault which occassions (i.e. causes) actual bodily harm.
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Meaning of actual bodily harm according to R v Miller [1954] 2 QB 282
Any hurt or injury calculated to interfere with health or comfort of victim. Harm doesn't have to be serious and a bruise, scratch or swelling would suffice.
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Examples of what the CPS Charging Standard Code means in practice when deciding whether offence is s 47.
Cases where there has been significant medical intervention and/or permanent effects have resulted. E.g. injuries that need a number of stitches (but not superficial application of steri-strips) or hospital procedure under anaesthetic.
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Which Judge and Case is significant for determining whether mental harm suffices for actual bodily harm?
Lord Steyn in R v Chan-Fook [1994] 1 WLR 689
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What did Lord Steyn determine regarding psychiatric injury in R v Chan-Fook?
Actual bodily harm is capable of including psychiatric injury but must be a recognisable clincal condition. E.g. Axiety neurosis or reactive depression. Medical evidence required.
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What doesn't count as pyschiatric injury in relation to s 47 of OAPA 1861?
Strong emotions like rage, extreme fear or panic. Neither hysterical or nervous condition.
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Which case was finally made clear what the mens rea of s 47 of OAPA 1861 was?
R v Savage; R v Parmenter [1991] 4 AII ER 698
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What did the House of Lords decide the mens rea of s47 was in R v Savage; R v Parmenter?
Intention or recklessness as to assault only. Prosecution didn't have to prove defendant intended or was reckless as to harm. Element of causing actual bodily harm relevant only to AC of offence no MR and element of strict liability.
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Only difference between simple and physical assault?
In s 47 there must be some actual bodily harm caused.
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Other cards in this set

Card 2

Front

Sentence for Offences Against the Person Act 1861, s 47

Back

Maximum of five years' imprisonment and triable either way (i.e. it can be tried in either magistrates' courts or Crown Court).

Card 3

Front

Elements of Actus Reus of s 47 of OAPA 1861

Back

Preview of the front of card 3

Card 4

Front

Meaning of actual bodily harm according to R v Miller [1954] 2 QB 282

Back

Preview of the front of card 4

Card 5

Front

Examples of what the CPS Charging Standard Code means in practice when deciding whether offence is s 47.

Back

Preview of the front of card 5
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