Actual Bodily Harm Flashcards

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1
Q

Section … of the …

A

Section 47 of the Offences Against a persons Act 1861

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2
Q

Actus reus

A

Assault/Battery causing actual bodily harm

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3
Q

Ireland

A

Psychological damage

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4
Q

Dpp vs. Smith - Micheal

A

Cut off pony tail

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5
Q

Defined by

A

defined by case law from s.39 Miller

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6
Q

Miller

A

Man raped his wife

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7
Q

Quote

A

‘Any hurt that interferes with the health and comfort of the victim’

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8
Q

More than

A

More than merely trifling

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9
Q

Mens rea

A

Intention or recklessness

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10
Q

Savage

A

D intended to pour beer over V. The glass slipped and cut Vs hand.

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11
Q

Examples

A

Broken teeth, extensive bruising, broken nose, minor fractures, psychiatric injury, minor cuts

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12
Q

State the Law

A

S. 47 Offences Against a Person Act 1861
AR = Assault/battery causing ABH, Ireland, DPP v smith micheal
Defined by case law from s.39, miller
‘Any hurt that interferes with the health and comfort of the victims’
‘more than merely triffling’
MR = intention or recklessness, Savage
TEW offence
Includes = Broken teeth, cut hair, extensive bruising, broken nose, minor fractures, psychiatric injury, minor cuts

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