Criminal Law- S.47

Question 1

The Actus Reus of S.47 is…

Answer 1

Firstly an assault or battery must occasion.

Then this assault or battery must lead to ABH, defined by Miller as ‘More than transient or trifling’

Question 2

The Mens Rea of S.47 is…

Answer 2

The defendant must have the mens rea of either an assault or battery

Question 3

Miller defines ABH as harm that is…

Answer 3

any hurt or injury calculated to interfere with the health or comfort of the victim proving it is more than transient and trifling.

Question 4

What was held in T v DPP

Answer 4

Loss of contentiousness, even momentarily was held to be ABH.

Question 5

What was held in DPP v Smith

Answer 5

That cutting Vs hair can amount to ABH.

Question 6

What was held in R v Chan Fook

Answer 6

ABH does not include ‘mere emotions’ such as fear, distress or panic.

Question 7

What was held in DPP v K

Answer 7

The indirect act can be the actus reus of assault.