s47 OAPA (ABH)

Question 1

S47 offences against the act 1861

Answer 1

Actual body harm
Lowest level of offence where injury is caused
Max imprisonment - 5 years

Question 1

s47
actus reus

Answer 1

Have to prove there’s assault or battery and caused the ABH

Question 2

s47
defintion

Answer 2

Any hurt or injury calculated to interfere with the health or comfort of the victim

Question 3

T v DPP 2003

Answer 3

D chased v and kicked him as he lay in the ground
D lost consciousness for a moment - ABH

Question 4

Ireland 1997

Answer 4

Guilty of s47 as D caused victims to fear personal violence and then caused his v to have psychiatric illness

Question 5

s47
mens rea

Answer 5

D must:
Intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force

Question 6

Savage 1991

Answer 6

Woman in pub threw beer over another woman
Glass slipped from D hand and cut V
Didn’t intend to injure v but she had intended to throw the drink
Therefore intended to apply unlawful force