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