S47 - Assault Occasioning ABH Flashcards
1
Q
Definition of S47
A
An assault or battery which causes actual bodily harm, with the intention to cause the victim to fear unlawful force, or be subject to unlawful force, or to be subjectively reckless as to whether the victim fears or is subject to unlawful force.
2
Q
Actus reus of S47
A
Causes actual bodily harm, or subject to unlawful force
3
Q
Mens rea of S47
A
Intent to cause or be reckless
4
Q
Which courts can hear S47
A
Crown court
5
Q
Is it specific or basic intent
A
Specific
6
Q
R v Miller
A
Raped wife causing ABH
7
Q
DPP v Smith
A
Cut off ponytail of girlfriend following an argument without her consent where substaintial amounts of hair would be ABH
8
Q
T v DPP
A
Group kicked V when on on ground, V lost consciousness. Any time of conscious loss would be ABH.
