3 Flashcards
What section and what act?
S47 offences against the person act 1861
Step 1:
Commit AR of battery - same as CB
Definition:
A battery which causes actual bodily harm, with the intention to subject unlawful force, or to be subjection reckless as to whether force will occur to the victim.
Step2:
Causes ABH
Any hurt or injury to interfere with health or comfort of V is sufficient for ABH
Miller
Loss of consciousness is sufficient for ABH
T v DPP
Cutting hair, bruises, grazes or scratches is ABH
DPP v Smith
Step 3:
Mens rea - D does not need to intend or be reckless as to whether ABH is caused. Only need an intention/recklessness to apply the force.
Intended to cause contact (force) but not ABH
Savage
What offence?
Assault causing ABH