s.47 ABH Flashcards
What act is ABH defined in?
The Offences Against the Person Act 1861
What is the AR of ABH?
Assault of battery occasioning ABH
What is the sentence length for ABH?
Triable either way offence and will give up to 5 years imprisonment
What was ABH defined in Miller as?
- Was there an assault or battery?
- Did it occasion ABH?
- Is there ACTUAL Bodily harm
What was the legal principle that came from T V DPP?
Loss of consciousness, even for a short amount of time, could be ABH
What was the legal principle that came from DPP V Smith?
Cutting off a substantial amount of hair could amount to ABH?
What was the legal principle that came from Chan Fook?
ABH can be psychological harm as long as it is more than mere emotions such as fear or panic
What is the MR of ABH?
D must only intend or be reckless as the assault or battery
What was the legal principle that came from Savage?
D need not foresee the ultimate injury/level of injury
What was the legal principle that came from Roberts?
D only needed to intend battery, did not need to think about the possibilities oof bodily harm
