S.47 ABH Flashcards
1
Q
S.47 Offences Against the Person Act 1861
A
No more than 5 years
triable either way
2
Q
Causation
A
if there is direct physical contact then causation is immediately established
3
Q
Injury Detail
A
- Broken Bone
- Loss of tooth
- Cutting hair (Smith 2006)
- Knocked Unconscious (T v DPP 2003)
4
Q
2 categories of harm
A
Physical or psychological
5
Q
Physical
A
Miller (1954) any hurt or injury calculated to interfere with the health or comfort of the victim
6
Q
Psychological
A
Chan Fook - Needs to amount to a clinical condition mere emotions will not suffice
7
Q
Mens Rea
A
Comes from the underlying assault or battery