Actual Bodily Harm Flashcards
Section … of the …
Section 47 of the Offences Against a persons Act 1861
Actus reus
Assault/Battery causing actual bodily harm
Ireland
Psychological damage
Dpp vs. Smith - Micheal
Cut off pony tail
Defined by
defined by case law from s.39 Miller
Miller
Man raped his wife
Quote
‘Any hurt that interferes with the health and comfort of the victim’
More than
More than merely trifling
Mens rea
Intention or recklessness
Savage
D intended to pour beer over V. The glass slipped and cut Vs hand.
Examples
Broken teeth, extensive bruising, broken nose, minor fractures, psychiatric injury, minor cuts
State the Law
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