NON FATAL OFFENCE S.47 ABH

Question 1

Definition for ABH

Answer 1

• S.47 offences avas ont the person act 1861

- Either way offence - Maximum sentence of 5 years imprisonment

Question 2

What’s the first thing you do in an ABH essay?

Answer 2

See if it’s battery or assault

Question 3

Second step for S.47 ABH

Answer 3

Actus Reus - ABH

Question 4

2. Actus Reus- ABH

Answer 4

• Must be form of physical or psychiatric injury caused to victim

Question 5

Cases in Step 2 actus reus

Answer 5

MILLER - ‘ interfere with health or comfort of victim ‘

CHAN FOOK - harm more than trivial and include psychiatric harm with identifiable clinical condition

T V DPP - temporary unconsciousness

DPP V SMITH - cutting hair = ABH

Question 6

Third step for S.47 ABH

Answer 6

Actus Reus- CAUSE

Question 7

3. Actus Reus- CAUSE

Answer 7

• Did the assault/ batter occasion ABH
• Factual Causation - but for - WHITE/PAGETT
• Legal Causation - operating and substantial cause - SMITH

Question 8

Causation cases in third step

Answer 8

JORDAN - Novus Actus intervenions of 3rd party

ROBERTS, WILLIAMS - Novus actus intervenions by victim

BLAUE - Thin skull rule

Question 9

Fourth step for S.47 ABH

Answer 9

Mens Rea

Question 10

4. Mens Rea

Answer 10

ROBERTS- only need mens rea for the assault or battery, d does not need to intend any harm