Section 47 Offences Against the Person Act 1861: Actual Bodily Harm
Actual Bodily Harm
The maximum sentence for this offence is five years in prison.
Actus Reus: Assault occcasioning actual bodily harm.
Miller: Held the injury caused interferred with the health and comfort of the victim, it must be more than transient of trifling.
Chan Fook: Held actual bodily harm injuries include recognised psychiatric injuries but not mere emotions such as fear, distress or panic.
Causation: Only to be discussed if there is an issue with causation.
Factual Causation: But for the defendant's actions would the consequences have occurred.
Pagett: Held but for the defendant using the victim as a human shield she would not have died.
Legal Causation: The defendant must be the substantial and operating cause of the consequences.
Smith: Held the defendant was the substantial and operating cause of the victim's injuries as they died from the blood loss from the original stab wound.
Novus Actus Interveniens: A break in the chain of causation.
Roberts: (Victims own act). Held the chain of causation will only be broken if the victims own act was so daft and unforseeable that no reasonable man could have foressen it.
Jordan: (Medical Treatment). Held the chain of causation will be broken if the medical treatment was palpably wrong.
Blaue: (Thin Skull Rule). Held the defendant must take the victim as they find them.
Mens Rea: The defendant must intend ot be reckless as to the assault or battery only.
Savage: Held the defendant has the intention to cause the assault or battery it didn't matter if she intended the harm caused.
Extra Cases
Smith: Held cutting a persons hair can be an injury covered by actual bodily harm.
The maximum sentence for this offence is five years in prison.
Actus Reus: Assault occcasioning actual bodily harm.
Miller: Held the injury caused interferred with the health and comfort of the victim, it must be more than transient of trifling.
Chan Fook: Held actual bodily harm injuries include recognised psychiatric injuries but not mere emotions such as fear, distress or panic.
Causation: Only to be discussed if there is an issue with causation.
Factual Causation: But for the defendant's actions would the consequences have occurred.
Pagett: Held but for the defendant using the victim as a human shield she would not have died.
Legal Causation: The defendant must be the substantial and operating cause of the consequences.
Smith: Held the defendant was the substantial and operating cause of the victim's injuries as they died from the blood loss from the original stab wound.
Novus Actus Interveniens: A break in the chain of causation.
Roberts: (Victims own act). Held the chain of causation will only be broken if the victims own act was so daft and unforseeable that no reasonable man could have foressen it.
Jordan: (Medical Treatment). Held the chain of causation will be broken if the medical treatment was palpably wrong.
Blaue: (Thin Skull Rule). Held the defendant must take the victim as they find them.
Mens Rea: The defendant must intend ot be reckless as to the assault or battery only.
Savage: Held the defendant has the intention to cause the assault or battery it didn't matter if she intended the harm caused.
Extra Cases
Smith: Held cutting a persons hair can be an injury covered by actual bodily harm.
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