PAPER 1 S.47 Flashcards
1
Q
What does assault occasioning actual bodily harm fall under?
A
S.47 of the Offences Against the Person Act 1861.
2
Q
What is the first element of the Actus Reus?
A
Either an assault or battery
APPLY
3
Q
What does occasioning mean?
A
Causing so D must be legal and factual cause of harm suffered.
APPLY
4
Q
In Chan-Fook what was ABH defined as?
A
Anything more than trivial or insignificant.
5
Q
What can ABH be?
A
Psychological as in Constanza but fear is not enough
6
Q
In Miller what was ABH defined as?
A
‘Anything intended to interfere with the health and comfort of the victim’.
7
Q
What can ABH include?
A
Cutting the hair on one’s head (DPP V Smith), or minor injuries like a black eye
APPLY
8
Q
What is the men’s rea of S.47?
A
The initial assault, not the harm itself (Savage)
