S47

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Actus Reus
An assault or battery that causes ABH that is more than trivial but not wholey insignificant
1 of 18
Case
Chanfok (locked student in cupboard and terroised them and hit him a few times)
2 of 18
What does S47 state
"whosoever shall be convicted on indictment of any assault occasioning ABH shall be liable to imprisonment for not more than 5 years"
3 of 18
Occasioning means
Case and normal causation rules apply
4 of 18
what case confirmed this
Roberts (victim jumped from moving car)
5 of 18
Did this break the causation chain
No as actions were reasonably forseen as V feared sex attack - reasonable person would have forseen this
6 of 18
ABH =
any hurt or injury calculated to interefere with the health or comfort of the victim
7 of 18
What is ABH types of injuries
bruises, scratches, brocken nose, fingers, psychatric damage
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case
T V DPP
9 of 18
about =
loss of conciousness even momentairly (V kicked in head)`
10 of 18
Donovan
the injury had to be 'more than merely transient &trifling'
11 of 18
DPP v Smith
Cutting someones hair is ABH S47
12 of 18
R v Cox
Girlfriend stalked by ex - can be ABH S47
13 of 18
Miller
ABH isnt just physical harm (defendant abused and ***** wife)
14 of 18
Mens Rea
Intention or recklessness as to the application of unlawful force
15 of 18
Cases
R v Roberts and Savage & Parmenter
16 of 18
About
Threw drink at someone and glass went in face
17 of 18
No need to prove intent overruled by
Spratt
18 of 18

Other cards in this set

Card 2

Front

Case

Back

Chanfok (locked student in cupboard and terroised them and hit him a few times)

Card 3

Front

What does S47 state

Back

Preview of the front of card 3

Card 4

Front

Occasioning means

Back

Preview of the front of card 4

Card 5

Front

what case confirmed this

Back

Preview of the front of card 5
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