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S.47 – Assault Occasioning Actual Bodily Harm S.47 – Assault Occasioning Actual Bodily Harm

S.47 – Assault Occasioning Actual Bodily Harm - PowerPoint Presentation

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Uploaded On 2016-06-29

S.47 – Assault Occasioning Actual Bodily Harm - PPT Presentation

General S47 Offences Against the Person Act 1861 Maximum sentence of 5 years imprisonment Need an assault assault or battery plus actual bodily harm Actus Reus Assault Occasioning Actual Bodily harm ID: 381974

assault harm actual battery harm assault battery actual bodily unlawful intention occasioning reus actus recklessness subjective causation mens force

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Presentation Transcript

Slide1

S.47 – Assault Occasioning Actual Bodily HarmSlide2

General

S.47 Offences Against the Person Act 1861

Maximum sentence of 5 years imprisonment

Need an assault (assault or battery) plus actual bodily

harmSlide3

Actus Reus

Assault

Occasioning

Actual Bodily harmSlide4

Actus Reus -

Assault

Must be an assault or batterySlide5

Actus Reus –

Occasioning

Causation – the assault or battery must occasion the harm

Roberts – normal rules of causation apply – were V’s actions reasonably foreseeable? V might not act in a sensible manner in a moment of fright, but a D might not be held responsible if the V does something “daft” or unexpected that no reasonable man would foreseeSlide6

Actus Reus –

Actual Bodily Harm

Must be some form of physical or psychological injury caused to V

Miller

– “

any hurt or injury calculated to interfere with the health or comfort of the victim” but must be more than “transient or trifling”

Chan

Fook

– harm must be more than

trivial

Examples of ABH injuries – lost/broken tooth, loss of consciousness, minor cuts requiring medical treatment (e.g. stitches), minor fractures, extreme

bruising

DPP

v

Smith

– cutting off someone’s hair was harm as it is part of the

body

Chan

Fook

– harm includes psychiatric harm but

state of mind caused in V must be evidence of an identifiable clinical condition - not

“mere emotions such as fear, distress or panic

Note that definition of ABH in Miller not suitable when considering psychiatric harm as these cases require a more serious degree of harmSlide7

Mens Rea

Savage

- only

need

mens

rea for the assault or

battery. Either:

Intention or subjective

recklessness to cause V to apprehend immediate and unlawful violence; or

Intention or subjective recklessness as to the application of unlawful force

D does not need to intend or be reckless as to any harm

Savage

– D

threw beer at another girl, glass slipped, cutting the victim. Throwing of beer was battery (applying unlawful force) and she intended to throw it so had

MR for battery.

She had the AR and MR for battery plus some harm had been causedSlide8

Answering Questions on S.47 Assault Occasioning Actual Bodily Harm

Was there an

assault

(assault or battery)?

Is there

causation

? The

assault or battery must

occasion

the

harm

Is there

actual bodily harm

?

Is there

mens

rea

for either assault or battery

?:

Intention or subjective recklessness

to cause V to apprehend immediate and unlawful violence; or

Intention or subjective recklessness

as to the application of unlawful

force