S.47

Question 1

ABH is defined under s.47 offences against the person act 1861 as “A common assault that occasions actual bodily harm”

Question 2

Stage-1 D must have committed a common assault (assault or battery)

Question 3

Stage 3- V must have ABH injuries
Miller- “any hurt or injury calculated to interfere with the health and comfort of the V but must be more than trifling”

Answer 3

Examples of ABH injuries:
Extensive/ multiple bruising
Psychiatric injury-mild temporary (Ireland/burstow)
Broken nose, fingers, toes, or a hair line fracture of another bone
Temporary loss of consciousness (t v DPP)
Cutting the V’s hair (smith)
Minor cuts requiring medical treatment
Chipped/ loss of a tooth

Question 4

Savage- only MR of assault or battery is needed
Assault- venna
Battery- venna