Abh Flashcards

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1
Q

Definition

A

S.47 offences against the persons Act 1861 as “a common assault that occasions actual bodily harm”

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2
Q

Actus reus 3 parts

A

D must’ve committed a common assault

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3
Q

Battery definition

A

Lord Goff Collins and Willcock “infliction of awful force”

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4
Q

Battery - drive force

A

Touching (Collins b Willcock Lord good quotes) + clothing (Thomas) + indirect touching (Martin)

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5
Q

Actus reus 2

A

Battery must have occasioned the injuries

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6
Q

Actus reus 3

A

V just have abh injuries
Miller - any hurt or injury calculated to interfere with the health and comfort of a v but just he more then trifling
Must not be so trivial as to be wholly insignificant

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7
Q

Mens Rea

A

Savage men’s Rea for battery needed
Intention (mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Vienna)

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