SECTION 47 ABH

Question 1

What does section 47 of the offences against a persons act 1861 state?

Answer 1

Defendant may have committed assault occasioning actual bodily harm

Question 2

What is the actus reus of ABH?

Answer 2

an assault or battery causing actual bodily harm

Question 3

How does Miller define ABH

Answer 3

any hurt or injury calculated to interfere with the health or comfort of the victim

Question 4

Give examples of injuries with case laws for s.47

Answer 4

Bruises, scratches, swelling, mild concussion~ (T v DPP)

Chest pain, cutting of hair~ (Smith)

Psychiatric harm~ (Chan-Fook, Burstow, Ireland)

Question 5

What is factual causation satisfied as?

Answer 5

But for Ds actions v would not have been injured (Smith, White, Hughes)

Question 6

What are the 2 possible offences under Section 39 of the Criminal Justice Act 1988

Answer 6

Assault~ caused apprehension of the infliction of immediate unlawful force (Nelson)

Battery~ application of unlawful force(Rolfe)

Question 7

What is required to prove legal causation?

Answer 7

Ds action to be the operating and substantial, more than minimal cause

Question 8

what can the novus actus do?

Answer 8

break the chain of causation if it was reasonably not foreseeable

Question 9

What are some examples of novus actus

Answer 9

Victims own act~ Corbett, Robert and Kennedy

Third party~ Pagett

Medical negligence(Cheshire) unless it is considered palpably wrong(Jordan)

If v has a hidden weakness, then d is expected to take them as he has found them—> THINK SKULL RULE~ Blaue

Question 10

What is the mens rea for ABH?

Answer 10

intention or recklessness as to an assault or battery, not the ABH itself (Savage, Roberts)

Question 11

What is transferred malice?

Answer 11

When d intended to harm one person but accidentally harms another (Latimer, Mitchell)

Question 12

What does the principle of transferred malice state?

Answer 12

it will only apply to similar crimes (Pembliton)

Question 13

What does the principle of joint enterprise state?

Answer 13

it doesn’t matter that D was not the one who actually injured V. All that matters is that D intended to hurt X, X intended to hurt D and in fighting back with D, V was injured ( Gnango)

Question 14

What is the coincidence rule?

Answer 14

The actus reus and mens rea must coincide at least once( Fagan v MPC and Thabo Meli(series of events))