S.47 Assault Or Battery Occasioning ABH (answer Plan)

Question 1

Briefly quote the scenario of what D did

Answer 1

This could potentially amount to assault or battery Occasioning ABH as seen in Offences against the person Act 1861, s.47

Question 2

Define the actus reus

Answer 2

Actus reus of assault occassing ABH requires D to commit an assault or battery causing ABH

As seen in Miller

Question 3

Work out if D commited assault or battery

Answer 3

If assault
Caused v to apprehend immediate unlawful violence

If battery
D applied unlawful physical force

Question 4

Did the injury amount to ABH?

Answer 4

ABH defined in Miller as ‘any hurt or injury calculated to interfere with the health and comfort of v’

Chan fook confirmed ‘injury doesn’t have to be permanent but has to be more than trivial’

Question 5

Apply issues if applicable

Psychiatric illness

Temporary loss of consciousness

Answer 5

Psychiatric illness
Chan fook confirmed that psychological injury can amount to ABH

Temporary loss of consciousness
Court confirmed in TvDPP that a temporary loss of consciousness amounts to ABH

Question 6

Explain and apply causation

Answer 6

Must establish that injury was caused by D

Causation in fact (Pagett)
Causation in law (Jordan)

Self evident?

Question 7

Explain and apply mens rea

Answer 7

Mens rea of assault Occasioning ABH is either
Direct intention (Mohan)
Or
Subjective Recklessness (cunningham)
to commit an assault or battery

*apply either to assault or battery

Question 8

Conclude

Answer 8

Apply defences

D is potentially guilty/not guilty
If D found guilty may be sentenced to maximum of 5 years in prison