ABH S.47

Question 1

Definition

Answer 1

AR- an assault or battery ocasioning actually bodily harm

MR- the mr for the original battery

Question 2

Miller

Answer 2

D thew his wife to the floor many times and raped her.

Held ‘actually bodily harm included any hurt or injury calculated to interfere with the health or comfort of the V’

Question 3

T V DPP

Answer 3

V was chased by a group of youths and fell, he was kicked and suffered a short loss of consciousness.
Held loss of consciousness counts

Question 4

DPP v Smith

Answer 4

D broke into ex girlfriend house and cut off her pony tail

Held cutting of v’s hair can amount to ABG. Harm must be actual it can not be trivial

Question 5

Chan Fook

Answer 5

D accused of theft of ring, d hit him and locked him in room. V escaped and suffered injuries.
Held conviction quashed, ABH can be psychiatric harm but can’t be mete emotions like fear and panic

Question 6

DPP V K

Answer 6

D placed acid in hand fryer and v used the hand dryer. His hands were burnt by acid.
Held application of force need not be directly applied

Question 7

Cunningham

Answer 7

D tore off gas metre off and caused gas leak and v’s illness.
Held malicious means either 1) an actual intention to do harm done 2) recklessness as to whether such harm should occur or not

Question 8

Savage and parmenter

Answer 8

D threw glass of her husbands former girlfriend. Glass broke and v injured.
Held not necessary to demonstrate the d had the MR in relation to level of harm inflicted. It was sufficient that they intended or could foresee that some harm will result

Question 9

What is the maximum sentence for ABH?

Answer 9

5 years

Question 10

A03- same max sentence

Answer 10

S20 is seen as a more serious offence than S.47 but both offences have the same max sentence

Question 11

A03- max sentences not used

Answer 11

Sentencing guidelines set this. Max penalty not utilised

Question 12

A03- forsee harm

Answer 12

D does not have to foresee harm which is harsh and unfair on d

Question 13

A03- developed

Answer 13

Developed by cases. Makes it fairer on D more broader terms

Question 14

A03- outdated

Answer 14

Act is 150 years old

Question 15

A03- reform

Answer 15

Law commission suggested e offences:
1) ‘intentionally causing serious injury’ max life sentence
2) ‘recklessly causing serious injury’
Max is 7 years (ABH)
3) ‘intention or recklessly causing injury’ max 5 years