Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
Act and section |
S.47 offences against the person act 1861 |
|
Define |
Assault or battery resulting in actual bodily harm. Inflicting more than trival harm affecting comfort |
|
AR |
Deal with ASSAULT OR BATTERY first
- affected health or comfort - more than trivial - actual medical condition |
|
"Affected health/comfort" |
R v Miller - had sex with wife against will - thrown her to ground - wife was in a nervous condition due to this
Held: "ABH includes any hurt or injury calculated to interfere with the health or comfort of the victims" |
|
More than trivial / health condition |
Chan Fook - interrogated the student about ring - threatened to hit him - student tried to escape with a curtain pole but suffered a fractured wrist
Held: not liable Not be so trivial as to be wholly insignificant Recognised psychiatric condition |
|
MR |
Intention
Recklessness |
|
Intention |
R v Latimer |
|
Recklessness |
DPP v Majewski |