S47

Question 1

What is the actus reus of S47?

Answer 1

There must be an assault or battery and this must have caused the ABH.

Question 2

What is the mens rea of S47?

Answer 2

The intention or recklessness as to the assault or battery

Question 3

What case goes with the mens rea of S47?

Answer 3

R V Roberts

Question 4

R V Roberts?

Answer 4

Was it a natural consequence of the D’s actions?

Question 5

What cases go with the actus reus of S47?

Answer 5

-DPP V Smith
-R V Miller
-R V Chanfook
-T V DPP

Question 6

DPP V Smith?

Answer 6

-cutting of hair amounts to ABH.

Question 7

R V Miller? (rape of his wife).

Answer 7

-‘something that interferes with the health and comfort of the victim’.
-hysterical or nervous.

Question 8

-R V Chanfook?

Answer 8

-Does not include fear or panic- must be identifiable psychological damage.

Question 9

-T V DPP?

Answer 9

• A brief loss of consciousness amounts to ABH.

Question 10

What is meant by constructive intent (mens rea)?

Answer 10

-would have somebody reasonably expected the result even if it wasn’t intended.

Question 11

What is important to remember (mens rea)?

Answer 11

-The D only needs to mean to carry out the assault or battery and not ABH.