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13 Cards in this Set
- Front
- Back
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What is the Actus Reus of s.47 ABH?
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To commit and assault or battery which results in actual bodily harm
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What is the mens rea of s.47 ABH?
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To commit either and assault or battery with intention or recklessness (NOTE: NO INTENT OF HARM) |
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Which Statute contains s.47 ABH?
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Offences Against the Person Act 1861
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What category of offence is s.47 ABH?
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Triable either way
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What is the maximum sentence for this offence? |
5 years (In a Crown court)
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How would we define the kind of injuries that would be classed as ABH? Provide a case. |
"Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim" - Miller (1954) |
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Which case would we use to show that psychiatric injury may amount to ABH? |
Chan Fook (1994) You may also use R v Burstow |
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Give a case of example of s.47 ABH
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R v Savage DPP v K T v DPP DPP v Santana - Bermudez |
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What happened in R v Savage
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D intentionally threw beer at V (a formergirlfriend of her husband). The glass left her hand and struck V, causing acut. |
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Which case tells us that s.47 may be committed indirectly?
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DPP v K (1990) |
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Which case laid down the principle that 'when someone creates a danger and exposes someone to it where injury isforeseeable there are grounds for an assault occasioning ABH'
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DPP v Santana-Bermudez (2003) |
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Which case tells us that a temporary loss of consciousness may amount to ABH?
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T v DPP (2003)
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Finally: Define, in full, s.47 ABH and provide one case example and the relevant Statute.
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To commit an assault or battery with intent or recklessness ...that then results in actual bodily harm (R v Savage) (Offences Against the Person Act 1861) Note: any ABH case will do. |
