non fatal offences - S.47 ABH

Question 1

definition of S.47 ABH

Answer 1

S.47 assault occasioning actual bodily harm
S.47 OFFENCES AGAINST THE PERSON ACT 1861
assault occassining actual bodily harm. max sentence 5 years imprisonment. either way offence

Question 2

1st step and definition

Answer 2

1st step and definition
AR-Was there an assault/battery
must be an assault or battery

Question 3

2nd step and definition

cases

Answer 3

2nd step and definition
is there actual bodily harm?
must be some form of physical or psychiatric harm caused to v

cases
MILLER 
“any hurt or injury calculated to interfere with the health or comfort of the victim” but must be more then “transient or trifling”
CHAN FOOK 
harm must be more then trivial 
CHAN FOOK
harm includes psychiatric harm but there must be evidence of a identifiable clinical condition - not “mere emotions such as fear, distress or panic 
T V DPP
temporary unconscious can be ABH
DPP V SMITH 
cutting hair can be AABH

Question 4

3rd step and definition

Answer 4

3rd step and definition
AR-did the assault occasion(cause) the actual bodily harm
causation- the assault or battery must occasion in the actual bodily harm

Question 5

4th step

cases

Answer 5

4th step and definition
MR- intention or SR for the assault or battery only

cases
ROBERTS
only need MR for the assault or battery - d does not need to intend or be reckless as to any harm - does not need to foresee any harm
SAVAGE
- example where AR & MR for battery enough for ABH

Question 6

what does transient mean?

Answer 6

passes quickly

Question 7

what does trifling mean?

Answer 7

last some time and more than really minor

Question 8

what does trivial mean ?

Answer 8

minor, insubstantial