ABH Flashcards
Category of offence
Triable-either-way
Max sentence
5 years in prison
Section number
S.47
Definition
Intentional or reckless assault thereby causing actual bodily harm to the victim
AR
an assault occasioning actual bodily harm
MR
intentionally or subjectively recklessly causing an assault or battery
Where is the MR defined?
case law
Why is where the MR defined a problem?
Because it’s not written in the act
Who suggested reforms?
Law commission
Where is it defined?
S.47 offences against the persons act 1861
Why is the act a problem?
Because it’s not fit for modern society
What type of intent?
Basic
Miller
F- D threw his wife on the floor and raped her
R- It interfered with the health and comfort of the victim
T v DPP
F- D was kicked by a group of youths and fell unconscious
R- Loss of conscious interferes with v’s health and comfort
DPP v Smith 2006
F- D broke into his ex’s house and cut off her ponytail
R- ABH includes features like hair
Chan Fook
F- V tried to escape D after being accused of stealing a ring but fell out the window
R- Psychiatric harm needs to be verified by a doctor, rules out emotions
DPP v K
F- D put acid in a hand dryer and it scarred a boy’s face
R- Application of force need not be direct
Cunningham
F- D tore the gas meter of the wall and gas seeped into his neighbour’s house
R- Had no intent but was reckless
Savage and Parmenter
Savage- Threw beer over V ang cut her with the glass
Parmenter- Injured his newborn son and broke bones
R- Neither had intent but they were both reckless
Why is the oatp act unfit for modern use?
Because the language is outdated and old and the MR isn’t mentioned
What does the oatp lack?
Clarity
