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10 Cards in this Set
- Front
- Back
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What is the actus reus of s.47 ABH?
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Assault or battery causing actual bodily harm
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What is the mens rea of s47 ABH?
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intention or recklessness as to the assault or battery
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What is the maximum sentence for s.47 ABH?
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5 years
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What is actual bodily harm?
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'any hurt or injury calculated to interfere with the health or comfort of the victim'
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Which case established the definition of ABH?
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Miller
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What does ABH cover? as in Chan-Fook
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psychological harm where the D causes the V to become hysterical or to suffer substantial fear
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What does ABH not cover? as in Morris
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anxiety, fear, tearfulness, sleeplessness and physical tension
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What mens rea issues to the prosecution need to solve for a s47?
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the house of lords held that a s47 offence does not require proof that the D intended to cause ABH or was reckless as to whether such harm would be caused
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What did the case of Savage establish?
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that a verdict of guilty maybe returned upon proof of an assault together with proof of the fact that the ABH was occasioned by the assault
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What was held in Roberts?
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the D had committed the s.47 offence by touching her clothes - sufficient for battery - and this act caused her to suffer ABH.
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