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9 Cards in this Set
- Front
- Back
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the actus Reus of S47 |
An assault or battery that results in actual bodily harm to the victim. |
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Summary and maximum sentence? |
The offence is either way with maximum of 5 years. |
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S47 is a compound offence. What does it require to be proved? |
A starter offence of either assault or battery. |
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What else must be established and present? |
The actus Reus and mens rea. |
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What case was it defined in? |
Chan Fook 'any hurt or injury calculated to interfer with the health or comfort of the victim' (Bruises, sprains) also indefinable psychiatric clinical condition. |
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Loss of consciousness case |
T V DPP kicked the victim when down. |
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Includes people's hair. |
Smith 2006 |
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Mens Rea |
Intention (Direct, indirect) or Recklessness |
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There is no need for the D to intend or be reckless as to whether actual bodily harm is caused as in which two cases? |
Roberts: liable for some harm (assault and battery) then liable for all harm which is caused. Savage: intended indirect battery ending up cutting her with class indirectly causing bruising. |
