ABH - s47 OAPA Flashcards
What does A/R stand for in the context of OAPA 1861?
Assault occasioning actual bodily harm.
What is the M/R required for A/R in OAPA 1861?
Intention or recklessness as to assault or battery.
What does ‘assault’ mean in OAPA 1861?
Means either assault or battery.
What does ‘occasioning’ mean in the context of OAPA 1861?
Means the same as cause.
What types of causation should be considered in OAPA 1861?
- Factual causation (White)
- Legal causation (Smith)
- Intervening acts
How is ‘Actual Bodily Harm’ defined in Miller?
Any hurt of injury calculated to interfere with the health or comfort of the victim provided it is more than transient or trifling.
What case defines momentary loss of consciousness as actual bodily harm?
T v DPP.
What does Chan Fook state about psychological harm?
Psychological harm must be more than normal human emotions such as fear, distress, or panic.
What example is provided in DPP v Smith regarding actual bodily harm?
Cutting the victim’s hair.
What is the mens rea for A/R in OAPA 1861?
Intention or recklessness as to assault or battery.
Is there a need for the defendant to intend or be reckless as to causing actual bodily harm?
No, as established in Roberts.
ABH Summary
1 - ABH - s47 OAPA 1861
2 - AR - assault or battery occasioning ABH, DEFINE TERMS, APPLY
3 - CAUSATION - factual (white) legal (smith/cheshire) - chain of causation
4 - MR - intention or recklessness as to assault or battery (Savage v Parmenter) - APPLY
5 - 5 years imprisonment
Full ABH A01 Template
With regards to _____ it is likely that D will be charged with ABH under s47 OAPA 1861.
The AR for ABH is assault or battery occaisoning ABH. Assault means assault or battery and occaisoning means cause. ABH is defined as ‘any hurt of injury calculated to interfere with the health or comfort of the victim provided it is more than transient or trifling’. This includes momentary loss of consciousness (T v DPP), psychological harm (more than normal emotions (Chan Fook) and cutting hair (Smith).
APPLY + CAUSATION - Factual (White) Legal (Smith) - chain of causation remains intact
The MR of ABH is intention or recklessness as to assault or battery (Savage v Parmenter), there is no need for D to intend or be reckless as to causing ABH (Robert’s). Intention means aim, purpose, objective and recklessness meas conscious risk taking (Cunningham)
If convicted D faces up to 5 years imprisonment
