Hisham Morsi
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#1
Report Thread starter 1 year ago
#1
Diana was concerned that Erin was spreading false rumours about her on social media.
She sent a message to Erin saying, “Next time I see you, you are dead.” Erin became
depressed and afraid to go out.
• Advise Diana as to her liability for the offence of assault occasioning actual bodily harm
against Erin (s47 Offences Against the Person Act 1861).
• Assess the contributions of different sources of law to the rules that you have
explained and applied in examining Diana’s criminal liability.
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username1586817
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#2
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Which bit do you not understand?
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Hisham Morsi
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(Original post by MyMaths&chill)
Which bit do you not understand?
Isn't her action just assault. there was no actual bodily harm committed?
The Actus Reus of ABH is assault and/or battery which causes Actual Bodily Harm.
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Hisham Morsi
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I understand it now - it is ABH due to the psychiatric harm done.
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username1586817
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There is ABH.

R v Miller [1954] 2 All ER 529
Lynsky J:
"Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim"

Bodily harm can include psychiatric injury see:
R v Chan Fook [1994] 1 WLR 689
R v Ireland [1997] 3 WLR 534


(Original post by Hisham Morsi)
Isn't her action just assault. there was no actual bodily harm committed?
The Actus Reus of ABH is assault and/or battery which causes Actual Bodily Harm.
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username2950448
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#6
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What are the conditions of the relevant offence?

How have these conditions been interpreted/applied in the caselaw?

Apply this to your facts.

EDIT: Good job.
Last edited by username2950448; 1 year ago
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