Section 47 ABH Flashcards
What is the definition of Actus Reus in the context of Section 47 of the Offences Against the Person Act 1861?
An assault or a battery causing actual bodily harm.
Actual bodily harm is defined as any hurt or injury calculated to interfere with the health or comfort of the victim.
How was actual bodily harm defined in the case of Miller?
As ‘any hurt or injury calculated to interfere with the health or comfort of the victim’.
Examples include bruises, scratches, swelling, mild concussion, momentary loss of consciousness, chest pain, cutting of hair, and psychiatric harm exceeding mere fear or distress.
What was the outcome in the case of Chan Fook?
The injuries were enough for ABH, but the fear and panic were not.
The victim suffered a fractured wrist and a dislocated hip after attempting to escape.
What does the case of Smith illustrate regarding actual bodily harm?
A man cut off his girlfriend’s ponytail after an argument, resulting in a conviction under Section 47.
This case highlights that even minor physical actions can constitute actual bodily harm.
What significant point was established in T v DPP regarding actual bodily harm?
Momentary loss of consciousness was enough to constitute actual bodily harm.
The victim was kicked in the head and remembered nothing until waking up by a policeman.
In Burstow, what type of harm was recognized as actual bodily harm?
Psychiatric harm could be classed as actual bodily harm, and even grievous bodily harm.
The victim suffered severe depression due to prolonged harassment.
What must be satisfied for an assault or battery to be considered the cause of actual bodily harm?
The rules on causation must be satisfied.
This means both factual and legal causation must be established.
What is the definition of Mens Rea in the context of Section 47?
Intention or subjective recklessness as to an assault or a battery, not as to the actual bodily harm itself.
This distinguishes the mental state required for the act from the outcome.
What is direct (specific) intention as defined in Mohan?
Where the defendant makes a decision to bring about a particular consequence, i.e., an assault or battery.
This refers to the conscious choice to perform the act.
How is subjective recklessness defined in Cunningham?
Where the defendant foresees a risk of a consequence, i.e., an assault or battery, and carries on regardless.
This indicates a disregard for the potential harm that may result from the action.
What was the key finding in the case of Roberts regarding Mens Rea?
The defendant had the mens rea for battery as he intended the application of unlawful force, which was sufficient for the mens rea of Section 47.
This occurred when the victim jumped out of the car to escape unwanted advances.
What does the case of Savage illustrate about Mens Rea?
The woman had the mens rea for battery as she intended the application of unlawful force, sufficient for the mens rea of Section 47.
This happened when she accidentally caused injury while throwing beer.
