Section 47 Flashcards
1
Q
Juicy extra info about section 47?
A
- The OAPA 1861
- max. sentence 5 years.
- An either way offence.
2
Q
What is the AR of section 47?
A
There must be either an assult ot battery and this must cause the ABH.
3
Q
What is the MR of section 47?
A
The intention or recklessness as to the assult or battery.
4
Q
What is the case for AR of section 47?
A
-R V Roberts
5
Q
What are the cases for the MR of section 47?
A
- R V Miller
- R V Chanfook
- DPP V Smith
6
Q
R V Roberts (AR)
A
‘natural consequence of the D’s actions’
7
Q
R V Miller (MR)
A
‘something that interfers with the health and comfort of the victim’
‘hysterical and nervous’
8
Q
R V Chanfook (MR)
A
It cannot be simply fear, it must be some identifyable condition.
9
Q
DPP V Smith (MR)
A
The cutting of hair can amount to ABH.
