s.47 OAPA 1861

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A2 Law (Offences Against the Person) Mind Map on s.47 OAPA 1861, created by Lucy Nove on 16/02/2017.
Lucy Nove
Mind Map by Lucy Nove, updated more than 1 year ago
Lucy Nove
Created by Lucy Nove over 7 years ago
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Resource summary

s.47 OAPA 1861
  1. Offence to commit 'any assault occasioning actual bodily harm'
    1. Must have the actus reus of either an assault or battery
      1. Assault must have caused ABH - can be no intervening act which breaks the chain of causation
        1. ABH is 'any hurt or injury calculated to interfere with the health or comfort of V: MILLER
          1. Actual means it should not be so trivial as to be wholly insignificant: CHAN-FOOK
          2. Typical ABH injuries:
            1. Temporary loss of consciousness: T v DPP
              1. Cutting off a substantial amount of hair: DPP v SMITH (MICHAEL)
                1. psychiatric injury, such as a depressive illness but not 'mere emotions such as fear, distress or panic': CHANFOOK
                2. Must have the mens rea of assault or battery (depending on which caused the ABH)
                  1. D need not intend or be reckless at to whether ABH is caused: SAVAGE
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