s.47 ABH A01

Question 1

definition (act)

Answer 1

s.47 of the Offences Against the Persons Act 1861 → offence to commit any assault occasioning (causing) actual bodily harm.

Question 2

type of offence and sentence?

Answer 2

triable either way offence with a maximum 5 year sentence

Question 3

actus reus

Answer 3

any assault or battery causing ABH

Question 4

abh is defined as? (case)

Answer 4

R v Miller ‘hurt or injury calculated to interfere with health or comfort’

Question 5

Harm should not be ______ (case)

Answer 5

R v Chan-Fook ‘actual’ → harm should not be so trivial as to be wholly insignificant

Question 6

psychiatric injury? (two cases)

Answer 6

R v Ireland includes psychiatric injury such as depression → as long as the threat is immediate as held in R v Constanza.

Question 7

Ireland and Conztanza confirmed what?

Answer 7

Both Ireland and Constanza also held that silent phone calls can amount to ABH.

Question 8

JCS (case)

Answer 8

broken nose, minor fractures and loss of consciousness as per T v DPP.

Question 9

Mens Rea (case)

Answer 9

mens rea for the assault or battery that caused the ABH → R v Roberts