S47 Template

Question 1

D is criminally liable…..

Answer 1

Under OAPA 1861 S47 for assault occasioning in ABH. This is a triable either way offence.

Question 2

First part of the AR…..

Answer 2

That of assault or battery

Question 3

Assault AR

Answer 3

To cause V to apprehend the threat of immediate unlawful force by words, R v Constanza, actions, R v Smith or both R v Lewis.
Immediate was interpreted to mean imminent in R v Ireland.

Question 4

Battery AR

Answer 4

To cause unlawful physical contact caused by direct touching, R v Thomas, or indirect touching, R v Martin. Injuries are merely trifling.

Question 5

Second part of the AR….

Answer 5

To cause ABH. The meaning of ABH was set out in R v Chan Fook. Actual meaning more than insignificant and trivial. Bodily meaning all parts of the body including the brain and the nervous system, R v Miller. Harm means injury.
APPLICATION: by what D did to V…..

Question 6

The MR of S47…..

Answer 6

That of assault or battery

Question 7

Assault MR

Answer 7

To intentionally or recklessly make V apprehend the threat of immediate unlawful force, R v Vienna, D would be subjectively reckless if he sees the risk his actions could cause fear but continues anyway.

Question 8

MR of battery

Answer 8

To intentionally or recklessly make any unlawful physical application of force to the body, Fagan v MPC. D would be subjectively reckless if he sees the risk that his actions could cause and apply unlawful physical contact anyway.

Question 9

In conclusion….

Answer 9

D has the AR and MR of S47 ABH and if convicted could face a maximum of 5 years in prison.