S.47 ABH Flashcards

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1
Q

S.47 Offences Against the Person Act 1861

A

No more than 5 years
triable either way

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2
Q

Causation

A

if there is direct physical contact then causation is immediately established

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3
Q

Injury Detail

A
  • Broken Bone
  • Loss of tooth
  • Cutting hair (Smith 2006)
  • Knocked Unconscious (T v DPP 2003)
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4
Q

2 categories of harm

A

Physical or psychological

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5
Q

Physical

A

Miller (1954) any hurt or injury calculated to interfere with the health or comfort of the victim

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6
Q

Psychological

A

Chan Fook - Needs to amount to a clinical condition mere emotions will not suffice

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7
Q

Mens Rea

A

Comes from the underlying assault or battery

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