S47 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: Hayleyginny2345Created on: 17-11-13 16:39 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 8 of 18 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
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