S47 Offences againt the Person Acr 1861

Question 1

AR

Answer 1

assault/battery occasioning (causing) ABH

Question 2

MR

Answer 2

intention or recklessness for assault or battery

Question 3

what is the correspondence

Answer 3

less proof needed for MR as the AR is seen enough

Question 4

Miller 1954

Answer 4

ACTUS REUS
-ABH is any hurt or injury that interferes with health of comfort of victim

-(wife petitioned for divorce but before hanging of petition, he raped her, martial rape wasn’t a thing back then)

Question 5

Chan Fook

Answer 5

ACTUS REUS

-harm means injured, can be a nervous or hysterical condition (more than trivial, can be psychological)

Question 6

DPP v Smith 2006

Answer 6

ACTUS REUS
-hair is part of your body

(D had argument with V and cut off her ponytail)

Question 7

T v DPP

Answer 7

ACTUS REUS
-momentary of consciousness

(V charged, saw D coming to him, V lost consciousness)

Question 8

Savage 1991

Answer 8

MENS REA
-no further mens rea is required for injury

(D threw beer over woman, V cut by glass)

Question 9

IMPORTANT RULE FOR S47

Answer 9

In order to prove S47, we must be able to prove assault or battery first